VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00462
Package ID: USCOURTS-cofc-1_15-vv-00462
Petitioner: Kimberly Cox
Filed: 2015-05-06
Decided: 2015-12-28
Vaccine: Tdap
Vaccination date: 2013-05-15
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Kimberly Cox filed a petition for compensation under the National Vaccine Injury Compensation Program on May 6, 2015, alleging she suffered brachial neuritis after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on May 15, 2013. She further alleged she had suffered the effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused her brachial neuritis or any other injury or current condition. Despite the denial, on October 20, 2015, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $20,000.00, payable to her, as compensation for all items of damages. Subsequently, on November 2, 2015, the parties filed a stipulation regarding attorneys' fees and costs. They agreed to an award of $12,696.05 in attorneys' fees and costs. Chief Special Master Dorsey found this amount reasonable and awarded it as a lump sum, jointly payable to Ms. Cox and her counsel, Alison Haskins. The decision was based on the joint stipulations of the parties. Petitioner was represented by Alison Haskins, Esq., of Maglio Christopher & Toale, PA, and respondent was represented by Lara Englund, Esq., of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kimberly Cox alleged that she suffered brachial neuritis after receiving a Tdap vaccine on May 15, 2013. The respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The Special Master adopted the stipulation, awarding $20,000.00 in damages and $12,696.05 in attorneys' fees and costs. The decision was issued by Chief Special Master Nora Beth Dorsey on November 2, 2015, for damages and December 28, 2015, for fees. Petitioner's counsel was Alison Haskins, Esq., and respondent's counsel was Lara Englund, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00462-0
Date issued/filed: 2015-11-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/2/2015) regarding 22 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00462-UNJ Document 32 Filed 11/23/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-462V
Filed: November 2, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIMBERLY COX, *
*
Petitioner, * Joint Stipulation on Damages;
* Tetanus-Diphtheria-acellular Pertussis
* (“Tdap”) Vaccine; Brachial Neuritis;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Esq., Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Lara Englund, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 6, 2015, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine
Act”]. Petitioner alleges that she suffered brachial neuritis after receiving by the
tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on May 15, 2013. Petition at 1-2;
see also Stipulation, filed 10/20/2015, ¶¶ 2, 4. Petitioner further alleges she has
suffered the effects of her injury for more than six month. Petition at 3. “Respondent
denies that the Tdap vaccine is the cause of petitioner’s brachial neuritis or any other
injury or her current condition.” Stipulation, ¶ 6.
Nevertheless, on October 20, 2015, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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).

Case 1:15-vv-00462-UNJ Document 32 Filed 11/23/15 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $20,000.00 in the form of a check payable to petitioner.
Stipulation, ¶ 8. This amount represents compensation for all items of damages
that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
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.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

CCaassee 11::1155--vvvv--0000446622--UUNNJJ DDooccuummeenntt 1392 FFiilleedd 1101//2203//1155 PPaaggee 13 ooff 57

CCaassee 11::1155--vvvv--0000446622--UUNNJJ DDooccuummeenntt 1392 FFiilleedd 1101//2203//1155 PPaaggee 24 ooff 57

CCaassee 11::1155--vvvv--0000446622--UUNNJJ DDooccuummeenntt 1392 FFiilleedd 1101//2203//1155 PPaaggee 35 ooff 57

CCaassee 11::1155--vvvv--0000446622--UUNNJJ DDooccuummeenntt 1392 FFiilleedd 1101//2203//1155 PPaaggee 46 ooff 57

CCaassee 11::1155--vvvv--0000446622--UUNNJJ DDooccuummeenntt 1392 FFiilleedd 1101//2203//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00462-1
Date issued/filed: 2015-12-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/06/2015) regarding 28 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00462-UNJ Document 33 Filed 12/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-462V
Filed: November 6, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIMBERLY COX, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Esq., Maglio Christopher and Toale, PA, (FL) Sarasota, FL, for
petitioner.
Lara Englund, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On May 6, 2015, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine
Act”]. Petitioner alleges that she suffered brachial neuritis after receiving by the
tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on May 15, 2013. Petition at 1-2.
On November 2, 2015, I issued a decision awarding compensation to petitioner based
on the parties’ stipulation.
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).

Case 1:15-vv-00462-UNJ Document 33 Filed 12/28/15 Page 2 of 2
On November 2, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. The parties stipulate to an award of $12,696.05 in
attorneys’ fees and costs. In compliance with General Order #9, petitioner’s counsel
filed a statement from petitioner indicating she incurred no out-of-pocket expenses.3
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total $12,696.054 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Alison Haskins.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 In the stipulation, petitioner’s indicated the same. Stipulation, ¶ 4.
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).
5 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2