VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00109
Package ID: USCOURTS-cofc-1_15-vv-00109
Petitioner: James Kois
Filed: 2015-02-02
Decided: 2015-10-20
Vaccine: influenza
Vaccination date: 2013-11-19
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 145000

AI-assisted case summary:
James Kois filed a petition for compensation under the National Vaccine Injury Compensation Program on February 2, 2015, alleging he suffered brachial neuritis due to an influenza vaccine received on November 19, 2013. He further alleged that he experienced residual effects of this condition for more than six months. The respondent denied that the brachial neuritis, or any other injury, was caused-in-fact by the flu vaccination. Despite the denial, the parties reached a joint stipulation to settle the case. Chief Special Master Denise Kathryn Vowell adopted the stipulation on August 26, 2015, awarding Mr. Kois a lump sum of $130,000.00 for all damages. Subsequently, on September 25, 2015, the parties filed a stipulation for attorney fees and costs. Chief Special Master Nora Beth Dorsey approved this stipulation on October 20, 2015, awarding $15,000.00 for attorney's fees and costs, payable as a lump sum jointly to Mr. Kois and his counsel, Alison H. Haskins. The total compensation awarded to Mr. Kois was $145,000.

Theory of causation field:
Petitioner James Kois alleged brachial neuritis, also referred to as Parsonage-Turner syndrome or brachial plexopathy, due to an influenza vaccine received on November 19, 2013, with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation to settle the case. Chief Special Master Denise Kathryn Vowell adopted the stipulation on August 26, 2015, awarding $130,000.00 for all damages. Subsequently, Chief Special Master Nora Beth Dorsey awarded $15,000.00 for attorney fees and costs on October 20, 2015, jointly payable to petitioner and counsel Alison H. Haskins. The total award was $145,000. The specific medical mechanism or expert testimony regarding causation was not detailed in the public decision, as the case was resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00109-0
Date issued/filed: 2015-09-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/26/2015) regarding 18 DECISION Stipulation/Proffer, (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00109-UNJ Document 27 Filed 09/30/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0109V
Filed: August 26, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JAMES KOIS, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“flu”) Vaccine; Brachial
* Neuritis; Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Debra Begley, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION ON JOINT STIPULATION
Vowell, Chief Special Master:
On February 2, 2015, James Kois filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Mr. Kois alleges that he suffered brachial neuritis3 due to
the influenza (“flu”) vaccine he received on November 19, 2013. Petition at 1, 5;
Stipulation, filed August 25, 2015, at ¶¶ 2, 4. Petitioner further alleges that he
experienced the residual effects of this condition for more than six months. Petition at
5; Stipulation at ¶ 4. Respondent denies that petitioner’s brachial neuritis, or any other
injury, was caused-in-fact by his flu vaccination. Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to 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 (codified as amended at 44 U.S.C. § 3501
note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such
material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
3 The petition refers to petitioner’s injury as Parsonage-Turner syndrome or brachial plexopathy, but both
of these terms are synonymous with a diagnosis of brachial neuritis. Stipulation at footnote 1.

Case 1:15-vv-00109-UNJ Document 27 Filed 09/30/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation at ¶ 7. On
August 25, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $130,000.00 in the form of a
check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation
for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. In the absence of a motion for review filed
pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in
accordance with this decision.4
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

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Case 1:15-vv-00109-UNJ Document 27 Filed 09/30/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00109-1
Date issued/filed: 2015-10-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/25/2015) regarding 26 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00109-UNJ Document 28 Filed 10/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0109V
Filed: September 25, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JAMES KOIS, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Esq., Maglio Christopher and Toale, PA, (FL) Sarasota, FL, for
petitioner.
Debra A. Filteau Begley, Esq., U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On February 2, 2015, James Kois filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Mr. Kois alleges that he suffered brachial neuritis3 due to
the influenza (“flu”) vaccine he received on November 19, 2013. Petition at 1, 5. On
August 26, 2015, a decision awarding compensation to petitioner based on the parties’
stipulation was issued.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify
and move to redact medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
3 The petition refers to petitioner’s injury as Parsonage-Turner syndrome or brachial plexopathy, but both
of these terms are synonymous with a diagnosis of brachial neuritis. Stipulation at footnote 1.

Case 1:15-vv-00109-UNJ Document 28 Filed 10/20/15 Page 2 of 2
On September 25, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $15,000.00 for attorney’s fees and costs. In compliance with General Order
#9, petitioner has filed a declaration indicating he incurred no out-of-pocket expenses in
this case. Furthermore, petitioner’s counsel represents petitioner incurred no out-of-
pocket expenses. Stipulation, ¶ 4.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). The proposed amount is reasonable.
Accordingly, I award the total of $15,000.004 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, Alison H. Haskins.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
2