VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00903 Package ID: USCOURTS-cofc-1_14-vv-00903 Petitioner: D.B. Filed: 2014-09-25 Decided: 2015-05-14 Vaccine: MMR Vaccination date: 2011-09-14 Condition: encephalopathy, an autism disorder, sleep disturbances, and a staring and/or catatonic state Outcome: dismissed Award amount USD: 400 AI-assisted case summary: On September 25, 2014, Jaime Brown, as the natural mother and next friend for her minor child D.B., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that an MMR vaccine administered to D.B. on September 14, 2011, caused him to develop encephalopathy, an autism disorder, sleep disturbances, and a staring and/or catatonic state. On March 20, 2015, an Order Concluding Proceedings was entered, dismissing the petition without prejudice. Subsequently, on April 9, 2015, the parties filed a Joint Stipulation of Fact Concerning Petitioner's Litigation Costs. In this stipulation, the parties agreed to a total award of costs to the petitioner in the amount of $400.00. Special Master Nora Beth Dorsey issued a decision on May 14, 2015, granting the request for approval and payment of petitioner's costs in the stipulated amount of $400.00. The decision noted that the Vaccine Act permits an award of reasonable attorneys' fees and costs, and based on the reasonableness of the petitioner's request and the respondent's lack of objection, the Special Master approved the costs. The award was to be made in the form of a check payable to Jaime Brown for $400.00. The public decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert testimony. The theory of causation is not detailed in the public decision. Theory of causation field: The petitioner alleged that an MMR vaccine administered on September 14, 2011, caused D.B. to develop encephalopathy, an autism disorder, sleep disturbances, and a staring and/or catatonic state. The public decision does not detail the specific mechanism of causation, any expert testimony, or the medical evidence presented. The case was dismissed without prejudice on March 20, 2015. A subsequent decision on May 14, 2015, by Special Master Nora Beth Dorsey, awarded petitioner's litigation costs in the amount of $400.00, based on a joint stipulation of the parties. The public text does not provide further details on the theory of causation or the basis for the dismissal. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00903-0 Date issued/filed: 2015-05-14 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/14/2015) regarding 14 DECISION of Special Master Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. Modified on 5/15/2015 - OCR (jt1). -------------------------------------------------------------------------------- Case 1:14-vv-00903-UNJ Document 15 Filed 05/14/15 Page 1 of 2 ORIGINAL Jln tbe Wniteb ~tate5 ~ourt of jfe beral ~laitn5 OFFICE OF SPECIAL MASTERS Filed: April 14, 2015 FILED * * * * * * * * * * * * * * UNPUBLISHED APR 1 4 2015 D.B., a minor, by and through his natural * No. 14-903V mother and next friend, JAIME BROWN, * U.S. COURT OF * FEDERAL CLAIMS Petitioner, * * Special Master Dorsey v. * * Petitioner's Costs; Reasonable Amount SECRETARY OF HEALTH * Requested to which Respondent Does AND HUMAN SERVICES, * not Object. * Respondent. * * * * * * * * * * * * * * * Jaime Brown, Thonotosassa, FL, pro se petitioner. Heather L. Pearlman, United States Department of Justice, Washington, DC, for respondent. PETITIONER'S COSTS DECISION1 On September 25, 2014, Jaime Brown ("petitioner") filed a petition on behalf of her minor child, D.B., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that a measles-mumps-rubella (MMR) vaccine administered to D.B. on September 14, 2011, caused him to develop an encephalopathy, an autism disorder, sleep disturbances, and caused a staring and/or catatonic state. Petition at 2. On March 20, 2015, the undersigned entered an Order Concluding Proceedings dismissing the petition without prejudice. 1 Because this decision contains a reasoned explanation for the undersigned's action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction "of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy." Vaccine Rule 18(b). Otherwise, the entire decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 ---- Case 1:14-vv-00903-UNJ Document 15 Filed 05/14/15 Page 2 of 2 On April 9, 2015, the parties filed a Joint Stipulation of Fact Concerning Petitioner's Litigation Costs. According to the stipulation, the parties stipulate to a total award to petitioner of costs in the amount of $400.00. The Vaccine Act permits an award ofreasonable attorneys' fees and costs. 42 U.S.C. § 300 aa-15( e ). Based on the reasonableness of petitioner's request and the lack of any objection by respondent, the undersigned GRANTS the request for approval and payment of petitioner's costs. Accordingly, an award should be made as follows: in the form of a check payable to petitioner, Jaime Brown, in the amount of $400.00. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties' stipulation. 3 IT IS SO ORDERED. Lkytc w_.~ . 0 Nora Beth Dorsey : ·, Special Master 3 Pursuant to Vaccine Rule 1 l(a), entry of judgment is expedited by the parties' joint filing of notice renouncing the right to seek review. 2