VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00011
Package ID: USCOURTS-cofc-1_16-vv-00011
Petitioner: C.B.
Filed: 2016-01-04
Decided: 2018-11-02
Vaccine: HPV
Vaccination date: 2014-02-01
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 476689

AI-assisted case summary:
On January 4, 2016, Kathleen Berrett, as Personal Representative of the Estate of C.B., deceased, filed a petition seeking compensation under the National Vaccine Injury Compensation Program on behalf of her minor child, C.B. The petition alleged that C.B. suffered transverse myelitis as a result of receiving the human papillomavirus (HPV) vaccine on February 1, 2014, and that the injury produced residual effects lasting more than six months. Respondent denied that the HPV vaccine caused C.B. to suffer transverse myelitis or any other injury or condition. The publicly available decision does not provide C.B.'s age, clinical onset date, treatment course, expert opinions, or the medical reasoning behind the parties' settlement positions. It is a stipulated damages decision, meaning the case was resolved without a public entitlement analysis. On November 2, 2018, the parties filed a stipulation asking that compensation be awarded while maintaining their respective positions on causation. Special Master Brian H. Corcoran reviewed the file, found the stipulation reasonable, and adopted it as the decision awarding damages. The award consisted of two lump-sum payments: $268,256.64 payable to petitioner, and $208,432.51 payable jointly to petitioner and the Utah Department of Human Services, Office of Recovery Services, as reimbursement of a lien for services rendered on C.B.'s behalf. Together, those payments represented all compensation available under section 15(a) of the Vaccine Act, totaling $476,689.15. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Camille M. Collett.

Theory of causation field:
Petitioner alleged that the HPV vaccine administered on February 1, 2014, caused transverse myelitis (TM) in C.B., a minor child/estate represented by Kathleen Berrett, with residual effects lasting more than six months. Respondent denied that the HPV vaccine caused TM or any other injury. The case was compensated by stipulation on November 2, 2018. The publicly available decision does not contain clinical onset date, age/DOB, treatment chronology, expert names, medical mechanism, or entitlement reasoning, indicating a stipulated damages resolution. Special Master Brian H. Corcoran adopted the stipulation and awarded damages. The award included a lump sum of $268,256.64 to the petitioner and $208,432.51 payable jointly to the petitioner and the Utah Department of Human Services, Office of Recovery Services, for lien reimbursement, totaling $476,689.15 for all section 15(a) damages. Petition filed January 4, 2016. Petitioner's attorney was Ronald Craig Homer of Conway, Homer, P.C., Boston, MA; respondent's attorney was Camille M. Collett.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00011-0
Date issued/filed: 2018-11-30
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 11/2/2018) Regarding 55 DECISION - Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:16-vv-00011-UNJ Document 59 Filed 11/30/18 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-011V
* * * * * * * * * * * * * * * * * * * * * * * * *
* Special Master Corcoran
KATHLEEN BERRETT, as Personal *
Representative of the ESTATE OF C.B., *
deceased, *
*
Petitioner, * Filed: November 2, 2018
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Human papillomavirus (“HPV”)
AND HUMAN SERVICES, * Vaccine; Transverse myelitis (“TM”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Camille M. Collett, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 4, 2016, Kathleen Berrett filed a petition on behalf of her minor child, C.B.,
seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine
Program”).2 Petitioner alleges that C.B. suffered from transverse myelitis (“TM”) as a result of his
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the Decision will be available to anyone with access to the internet. 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 in its present form will be
available. 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 1:16-vv-00011-UNJ Document 59 Filed 11/30/18 Page 2 of 9
February 1, 2014, receipt of the human papillomavirus (“HPV”) vaccine. Moreover, Petitioner
alleges that C.B. experienced residual effects of this injury for more than six months.
Respondent denies that the HPV vaccine caused C.B. to suffer from TM, or any other injury
or condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a
stipulation (filed on November 2, 2018) 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 $268,256.64 in the form of a check payable to Petitioner; and
 A lump sum of $208,432.51, which represents reimbursement of a lien for services
rendered on behalf of C.B., in the form of a check payable jointly to Petitioner and
Utah Department of Human Services
Office of Recovery Services
Case #C001359202/Team 85
515 East 100 South
P.O. Box 45025
Salt Lake City, UT 84145-0025
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 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.
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

Case 1:16-vv-00011-UNJ Document 59 Filed 11/30/18 Page 3 of 9
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3

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