VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00575
Package ID: USCOURTS-cofc-1_15-vv-00575
Petitioner: L.M.
Filed: 2015-12-28
Decided: 2016-01-19
Vaccine: influenza
Vaccination date: 2013-03-01
Condition: periodic fevers with aphthous stomatitis, pharyngitis, and adenitis
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On June 8, 2015, Cameron and Laura Moore, on behalf of their minor child L.M., filed a petition under the National Vaccine Injury Compensation Program. They alleged that L.M. suffered from periodic fevers with aphthous stomatitis, pharyngitis, and adenitis after receiving a trivalent influenza vaccination on March 1, 2013. The petition was filed on December 28, 2015. However, on August 20, 2015, the petitioners filed a notice of voluntary dismissal. The Special Master issued an order concluding the proceedings on August 25, 2015. Subsequently, on December 28, 2015, the parties filed a joint stipulation regarding attorneys' fees and costs. Petitioners requested a total award of $5,735.00 for attorneys' fees and $400.00 for costs. The respondent did not object to this request. Special Master Thomas L. Gowen granted the stipulation, ordering that an award be made in the form of a check jointly payable to petitioners and their attorney, Jaime T. Halscott of Halscott Megaro, PA, for $5,735.00, and a check payable to petitioners only for $400.00. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or the specific mechanism of causation. The attorneys for the petitioner were Jaime T. Halscott, and the attorney for the respondent was Justine Walters.

Theory of causation field:
The public text does not describe a theory of causation. The petition alleged that L.M. suffered from periodic fevers with aphthous stomatitis, pharyngitis, and adenitis after receiving a trivalent influenza vaccination on March 1, 2013. The case was voluntarily dismissed by the petitioners on August 20, 2015, and proceedings were concluded on August 25, 2015. A subsequent stipulation on attorneys' fees and costs was filed on December 28, 2015, and approved by Special Master Thomas L. Gowen. The public decision does not name any medical experts or detail the specific mechanism of injury. The award granted was for attorneys' fees and costs totaling $6,135.00 ($5,735.00 for fees and $400.00 for costs).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00575-0
Date issued/filed: 2015-09-18
Pages: 1
Docket text: PUBLIC DECISION (Originally filed: 08/25/2015) regarding 9 Order Concluding Proceedings ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00575-UNJ Document 10 Filed 09/18/15 Page 1 of 1
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 15-575V
Filed: August 25, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CAMERON MOORE and *
LAURA MOORE, on behalf of minor *
Child, L.M., *
*
Petitioners, * Order Concluding Proceedings, Vaccine
* Rule 21(a).
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ORDER CONCLUDING PROCEEDINGS1
Gowen, Special Master:
On August 20, 2015, petitioner filed a motion for voluntary dismissal pursuant to
Vaccine Rule 21 (a). Pursuant to 42 U.S.C. § 300aa-21(a), this case is hereby
dismissed without prejudice. The Clerk of the Court is instructed that a judgment
shall not enter in the instant case pursuant to 42 U.S.C. § 300aa-21(a)(3) .
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
1 Because this unpublished order contains a reasoned explanation for the action in this case, I intend to
post it to 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 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, I
agree that the identified material fits within the requirements of that provision, I will delete such material
from public access.

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00575-1
Date issued/filed: 2016-01-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/28/2015) regarding 13 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00575-UNJ Document 14 Filed 01/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-575V
Filed: December 28, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
CAMERON MOORE and LAURA MOORE *
on behalf of minor child, L.M., *
* Special Master Gowen
Petitioners, *
* Joint Stipulation on
v. * Attorneys’ Fees and Costs.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Jaime T. Halscott, Halscott Megaro, PA, Orlando, FL, for petitioner.
Justine Walters, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On June 8, 2015, Cameron Moore and Laura Moore (“petitioners”) filed a petition on
behalf of their minor child, L.M., pursuant to the National Vaccine Injury Compensation Program.2
42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioners alleged that as a result receiving a trivalent
influenza vaccination on March 1, 2013, L.M. suffered from periodic fevers with aphthous
stomatitis, pharyngitis, and adenitis. Petition at Preamble. On August 20, 2015, petitioners filed a
notice of voluntary dismissal of this matter. On August 25, 2015, the undersigned issued an order
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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 (2012)). 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 (2012) (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

Case 1:15-vv-00575-UNJ Document 14 Filed 01/19/16 Page 2 of 2
concluding the proceedings.
On December 28, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioners requests a total award of attorneys’ fees and costs in the amount of $5,735.00. Stip. for
Fees and Costs ¶ 3. Respondent does not object. Id. In accordance with General Order #9,
petitioners represent that they incurred reimbursable costs in pursuit of this claim in the amount of
$400.00. Id. at ¶ 4.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300
aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioners and to petitioners attorney, Jaime
T. Halscott, of Halscott Megaro, PA, in the amount of $5,735.00; and
(2) in the form of a check payable to petitioners only in the amount of $400.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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