VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00083
Package ID: USCOURTS-cofc-1_15-vv-00083
Petitioner: Gail A. Clements, Executor Estate of Ronald Clements
Filed: 2015-08-19
Decided: 2016-03-07
Vaccine: influenza
Vaccination date: 2013-10-27
Condition: hemolytic anemia, leukostasis, and respiratory failure
Outcome: compensated
Award amount USD: 227475

AI-assisted case summary:
Gail A. Clements, as Executor of the Estate of Ronald Clements, filed a petition on August 19, 2015, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that Ronald Clements received an influenza vaccine on October 27, 2013, which caused him to develop hemolytic anemia, leukostasis, and respiratory failure, ultimately leading to his death. Respondent denied that the flu vaccine caused these conditions or death. However, both parties agreed to settle the case through a stipulation filed on August 7, 2015. The court reviewed the stipulation and found it reasonable, awarding Petitioner a lump sum of $200,000.00 for all damages. Subsequently, on December 9, 2015, the parties filed another stipulation regarding attorney's fees and costs. Petitioner requested $22,975.58 for attorney's fees and costs, and $4,500 for out-of-pocket litigation expenses. The court approved these amounts as reasonable, directing payment to Petitioner and her counsel. The final decision awarding attorney's fees and costs was issued on March 7, 2016.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00083-0
Date issued/filed: 2015-12-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/19/2015) Regarding 15 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:15-vv-00083-UNJ Document 22 Filed 12/16/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-083V
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
GAIL A. CLEMENTS, Executor Estate of *
RONALD CLEMENTS, *
* Filed: August 19, 2015
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (“Flu”) Vaccine;
* Hemolytic Anemia (“HA”);
SECRETARY OF HEALTH AND * Leukostasis; Respiratory
HUMAN SERVICES, * Failure
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner.
Debra A. Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 27, 2015, Gail A. Clements filed a petition, on behalf of the estate of Ronald
Clements, seeking compensation under the National Vaccine Injury Compensation Program (the
“Vaccine Program”).2 Petitioner alleges that Mr. Clements’s influenza (“flu’”) vaccination
administered on October 27, 2013, caused him to develop hemolytic anemia (“HA”), leukostasis,
and respiratory failure, and that death was a sequelae of these conditions.
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)).

Case 1:15-vv-00083-UNJ Document 22 Filed 12/16/15 Page 2 of 7
Respondent denies that the Mr. Clements’s flu vaccine caused his HA, leukostasis,
respiratory failure, any other injury, or death. Nonetheless both parties, while maintaining their
above-stated positions, agreed in a stipulation (filed August 7, 2015) that the issues before them
could be settled, and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $200,000.00 in the form of a check payable to Petitioner as legal
representative of the Estate of Ronald Clements. This amount represents compensation
for all damages that would be available under 42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. 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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Case 1:15-vv-00083-UNJ Document 22 Filed 12/16/15 Page 5 of 7

Case 1:15-vv-00083-UNJ Document 22 Filed 12/16/15 Page 6 of 7

Case 1:15-vv-00083-UNJ Document 22 Filed 12/16/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00083-1
Date issued/filed: 2016-03-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/14/2015) Regarding 20 DECISION Fees Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:15-vv-00083-UNJ Document 25 Filed 03/07/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-083V
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* Special Master Corcoran
GAIL A. CLEMENTS, Executor Estate of *
RONALD CLEMENTS, *
* Filed: December 14, 2015
Petitioner, *
* Decision; Attorney’s Fees
v. * and Costs.
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner.
Debra A. Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On January 27, 2015, Gail A. Clements filed a petition, on behalf of the estate of Ronald
Clements, seeking compensation under the National Vaccine Injury Compensation Program (the
“Vaccine Program”).2 Thereafter, on August 7, 2015, the parties filed a stipulation settling the case
and detailing the amount to be awarded to Petitioner. ECF No. 11. I subsequently issued a decision
finding the parties’ stipulation to be reasonable and granting Petitioner an award as outlined in the
stipulation. ECF No. 15.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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 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)).

Case 1:15-vv-00083-UNJ Document 25 Filed 03/07/16 Page 2 of 2
On December 9, 2015, the parties filed another stipulation, this time regarding attorney’s
fees and costs. ECF No. 19. Petitioner requests reimbursement of attorney’s fees and costs in the
amount of $22,975.58. Id. In addition, and in compliance with General Order No. 9, Petitioner’s
counsel represents that Petitioner has personally incurred out-of-pocket, litigation-related expenses
in conjunction with this proceeding for which Petitioner requests costs reimbursement of costs in
the amount of $4,500. Id. These amount represent sums to which Respondent does not object. Id.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
(a) an award of $22,975.58 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Edward M. Kraus, Esq., for all attorney’s fees and costs; and (b) an award of
$4,500 should be made in the form of a check payable to Petitioner for her out-of-pocket, litigation-
related expenses. Payment of these amounts represents all attorney’s fees and costs available under
42 U.S.C. § 300aa-15(e). 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/ 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