VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01118
Package ID: USCOURTS-cofc-1_14-vv-01118
Petitioner: Cornell Yellen
Filed: 2014-11-18
Decided: 2016-02-26
Vaccine: influenza
Vaccination date: 2013-09-23
Condition: narcolepsy
Outcome: compensated
Award amount USD: 55727

AI-assisted case summary:
Cornell Yellen filed a petition alleging that an influenza vaccination administered on September 23, 2013, caused him to develop cervical dystonia, essential tremors, and narcolepsy. He later amended his petition to allege only narcolepsy as the vaccine-caused injury. The parties filed a joint stipulation for damages, agreeing that Petitioner should receive a lump sum of $25,000.00 for all damages. Respondent denied that the flu vaccine caused Petitioner's condition but agreed to the stipulation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Subsequently, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $30,727.56. The Special Master found the petition was brought in good faith with a reasonable basis and awarded the agreed-upon amount for fees and costs. Judgment was entered in accordance with the parties' stipulations.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01118-0
Date issued/filed: 2016-02-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/13/2016) regarding 27 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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CCaassee 11::1144--vvvv--0011111188--UUNNJJ DDooccuummeenntt 2374 FFiilleedd 0012//1035//1166 PPaaggee 11 ooff 27
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1118V
Filed: January 13, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
CORNELL YELLEN, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Narcolepsy.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Justine E. Walters, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On November 18, 2014, Cornell Yellen (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that an influenza (“flu”) vaccination administered on September 23, 2013
caused him to develop cervical dystonia, essential tremors, and narcolepsy. Petition (“Pet.”),
ECF No. 1, at 1-3. On August 13, 2015, Petitioner amended his Petition to allege only
narcolepsy as his vaccine-caused injury. See Amended Petition, ECF No. 20.
On January 13, 2016, the parties filed a stipulation in which they state that a decision
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, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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).
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

CCaassee 11::1144--vvvv--0011111188--UUNNJJ DDooccuummeenntt 2374 FFiilleedd 0012//1035//1166 PPaaggee 22 ooff 27
should be entered awarding compensation. Stipulation, ECF No. 26. Respondent denies that the
flu vaccine caused Petitioner’s condition or any other injury. However, the parties agree to the
joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $25,000.00 in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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Case 1:14-vv-01118-UNJ Document 34 Filed 02/05/16 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01118-1
Date issued/filed: 2016-02-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/02/2016) regarding 29 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:14-vv-01118-UNJ Document 37 Filed 02/26/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1118V
Filed: February 2, 2016
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
CORNELL YELLEN, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Attorneys’ Fees and Costs;
* Reasonable Amount Requested to
SECRETARY OF HEALTH * which Respondent Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil LLP, Dresher, PA, for Petitioner.
Justine E. Walters, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On November 18, 2014, Cornell Yellen (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that an influenza (“flu”) vaccination administered on September 23, 2013
caused him to develop cervical dystonia, essential tremors, and narcolepsy. Petition (“Pet.”),
ECF No. 1, at 1-3. On August 13, 2015, Petitioner amended his Petition to allege only
narcolepsy as his vaccine-caused injury. See Amended Petition, ECF No. 20. On January 13,
2016, the undersigned issued a decision awarding compensation to Petitioner. Decision, ECF
No. 27.
1 Because this unpublished decision contains a reasoned explanation for the action in this case,
the undersigned intends to post this decision 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 (codified as amended at 44 U.S.C. § 3501 and note (2006)). In accordance with
Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review,
the undersigned agrees that the identified material fits within the requirements of that provision,
such material will be deleted from public access.
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.

Case 1:14-vv-01118-UNJ Document 37 Filed 02/26/16 Page 2 of 2
On February 2, 2016, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $30,727.56 in
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner’s counsel
represents that Petitioner did not incur any costs during this proceeding.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $30,727.56, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Maximillian J.
Muller.
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.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2