VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01034
Package ID: USCOURTS-cofc-1_14-vv-01034
Petitioner: Angela Clark
Filed: 2015-10-02
Decided: 2016-03-07
Vaccine: influenza
Vaccination date: 2011-11-03
Condition: MALT Lymphoma
Outcome: compensated
Award amount USD: 147130

AI-assisted case summary:
Angela Clark filed a petition under the National Vaccine Injury Compensation Program alleging that she developed MALT Lymphoma as a result of receiving an influenza vaccine on November 3, 2011. She further claimed that she experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her condition. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation. The stipulation acknowledged that the issues could be resolved and that Angela Clark should be awarded compensation. A separate stipulation addressed attorney's fees and costs. The court reviewed the stipulations and found them to be reasonable, adopting them as its decision. The award included a lump sum of $116,413.10 for all damages available under the program, payable to Angela Clark. Additionally, a lump sum of $30,717.87 was awarded for attorney's fees and costs, payable jointly to Angela Clark and her attorney. The total award amounted to $147,130. The decision was entered on March 7, 2016.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01034-0
Date issued/filed: 2016-03-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/02/2015) Regarding 18 DECISION of Special Master Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:14-vv-01034-UNJ Document 22 Filed 03/07/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1034V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
ANGELA CLARK, * Filed: October 2, 2015
*
Petitioner, *
*
v. * Decision by Stipulation; Damages;
* Decision Awarding Attorney’s
SECRETARY OF HEALTH AND * Fees and Costs; Influenza (“Flu”)
HUMAN SERVICES, * Vaccine; MALT Lymphoma
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop and Associates, Beverly Hills, CA, for Petitioner.
Gordon E. Shemin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES AND ATTORNEY’S FEES AND COSTS1
On October 24, 2014, Angela Clerk filed a petition (which she subsequently amended) seeking
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she
developed MALT Lymphoma as a result of her November 3, 2011, receipt of the influenza (“flu”)
vaccine. Petitioner further alleges that she experienced the residual effects of this injury for more than
six months.
Respondent denies that the flu vaccine caused Petitioner’s MALT Lymphoma or any other
injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a
stipulation (filed on October 1, 2015) that the issues before them could be settled, and that a decision
should be entered awarding Petitioner compensation.
1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States
Court of Federal Claims website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential
information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 whole decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act of
1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)) [hereinafter
“Vaccine Act” or “the Act”].

Case 1:14-vv-01034-UNJ Document 22 Filed 03/07/16 Page 2 of 7
In a separate stipulation filed that same day, the parties indicated that they had reached an
agreement regarding attorney’s fees and costs. The stipulation laid out the amount of compensation
that should be awarded to Petitioner’s attorney in the form of a check made payable jointly to
Petitioner and Petitioner’s counsel. This included reimbursement for $17,330.00 in attorney’s fees
and $13,387.87 in costs. In addition, pursuant to General Order No. 9, the stipulation also indicated
that Petitioner did not personally incur any out-of-pocket litigation expenses in proceeding on the
petition. Thus, the total amount of fees and costs requested is $30,717.87, to which Respondent does
not object.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulations
are reasonable. I therefore adopt them as my decision in awarding damages, and attorney’s fees and
costs, on the terms set forth therein.
The stipulations award:
 A lump sum of $116,413.10 in the form of a check payable to Petitioner. The amount
represents compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a). Damages Stipulation (ECF No. 15) ¶ 8; and
 A lump sum of $30,717.87 in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Jeffery S. Pop, Esq. for attorney’s fees and costs. These sums
represent the attorney’s fees and costs available under 42 U.S.C. § 300aa-15(e).
Stipulation of Facts Concerning Attorneys’ Fees and Costs (ECF No. 16) ¶¶ 2-5.
I approve a Vaccine Program award in the requested amounts set forth above to be made to
Petitioner and/or his counsel. In the absence of a motion for review filed pursuant to RCFC Appendix
B, the clerk of the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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