VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00733
Package ID: USCOURTS-cofc-1_15-vv-00733
Petitioner: Dana Cohen
Filed: 2015-09-11
Decided: 2016-06-28
Vaccine: influenza
Vaccination date: 2012-09-13
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 775000

AI-assisted case summary:
Dana Cohen filed a petition on September 11, 2015, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on September 13, 2012. She further alleged that she experienced residual effects of this injury for more than six months. The respondent denied that the flu vaccine caused her alleged injury and residual effects. Despite these positions, both parties agreed to settle the issues and enter a decision awarding compensation. The parties filed a stipulation on April 26, 2016, agreeing to an award for Dana Cohen. The court reviewed the stipulation and found it to be reasonable. On June 28, 2016, a decision was issued awarding Dana Cohen a lump sum of $775,000.00, representing compensation for all damages available under the Act. This award was made payable to Petitioner. The case was resolved by stipulation, and the court approved the agreed-upon damages.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00733-0
Date issued/filed: 2015-12-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/11/2015) Regarding 12 DECISION Interim Fees Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:15-vv-00733-UNJ Document 23 Filed 12/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-733V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
DANA COHEN, * Filed: September 11, 2015
*
Petitioner, *
* Decision by Stipulation; Interim
v. * Attorney’s Fees and Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Mindy M. Roth, Britcher, Leone & Roth, L.L.C., Glen Rock, NJ, for Petitioner.
Voris E. Johnson, U.S. Dep’t of Justice, Washington, DC, for Respondent.
INTERIM ATTORNEY’S FEES AND COSTS DECISION1
On July 15, 2015, Dana Cohen filed a petition seeking compensation under the National
Vaccine Injury Compensation Program.2 Thereafter, Petitioner filed some medical records in
support of her claim.
Petitioner’s counsel filed a motion on September 3, 2015, indicating that she would be
transferring this case to another attorney (ECF No. 9), and the parties have now filed a stipulation
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-00733-UNJ Document 23 Filed 12/16/15 Page 2 of 2
regarding interim attorney’s fees and costs (Stipulation of Facts Concerning Interim Attorneys’
Fees and Costs, dated Sept. 9, 2015 (ECF No. 11)). The parties agree that Petitioner’s existing
counsel should receive attorney’s fees in the amount of $4,954.50, and attorney’s costs in the
amount of $1,756.99. These sums represent amounts to which Respondent does not object. In
addition, and in accordance with General Order No. 9, Petitioner’s counsel represents that
Petitioner personally incurred no costs. Id. at 1.
I approve the requested amount for interim attorney’s fees and costs as reasonable, given
the history of this matter. Accordingly, an award of $6,711.49 should be made in the form of a
check payable jointly to Petitioner and Petitioner’s counsel, Mindy M. Roth, Esq. 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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00733-2
Date issued/filed: 2016-06-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/17/2016) Regarding 40 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:15-vv-00733-UNJ Document 45 Filed 06/28/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-733V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
DANA COHEN, * Filed: May 17, 2016
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Renee J. Gentry, Shoemaker, Gentry & Knickelbein, Vienna, VA, for Petitioner.
Voris E. Johnson, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 15, 2015, Dana Cohen filed a petition seeking compensation under the National
Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered
from Guillain-Barré syndrome (“GBS”) as a result of her September 13, 2012, receipt of the influenza
(“flu”) vaccine. Moreover, Petitioner alleges that she experienced residual effects of this injury for
more than six months.
Respondent denies that the flu vaccine caused Petitioner’s alleged injury and residual effects,
or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed
in a stipulation (filed on April 26, 2016) that the issues before them could be settled, and that a
decision should be entered awarding Petitioner compensation.
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, 44 U.S.C. § 3501 (2012). As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the 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 Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100
Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual
section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:15-vv-00733-UNJ Document 45 Filed 06/28/16 Page 2 of 7
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 $775,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amounts 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 amount 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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