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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-364V

Filed: March 26, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

YOLANDA ROSEBRAUGH, *

on behalf of her son, N.R., a minor, *

 * Special Master Gowen

Petitioner, *

 * Joint Stipulation on Damages and

v. * Attorneys’ Fees and Costs

 * Tdap; Hep A; Brachial Neuritis;

SECRETARY OF HEALTH * Demyelinating 

AND HUMAN SERVICES, * Polyradiculoneuropathy.

 *

Respondent. *

 *

* * * * * * * * * * * * * * * *

Lesley B. Harris, Law Office of Lesley Harris, Santa Cruz, CA, for petitioner.

Traci R. Patton, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On April 30, 2014, Yolanda Rosebraugh (“petitioner”) filed a petition on behalf of her 

minor son, N.R., pursuant to the National Vaccine Injury Compensation Program.

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42 U.S.C. §§ 

300aa-1 to -34 (2006). Petitioner alleged that as a result of receiving a Tetanus-diphtheriaacellular-pertussis (“Tdap”) vaccine and a Hepatitis A (“Hep A”) vaccine on April 30, 2011, he

suffered brachial neuritis and/or demyelinating polyradiculoneuropathy. Stipulation ¶ 2, 4, filed 

Mar. 25, 2015. Further, petitioner alleged that N.R. experienced residual effects of these injuries

 

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 (2006)). 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 (2006) (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.
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for more than six months. Petition at ¶ 12. 

On March 25, 2015, the parties filed a stipulation in which they state that a decision should 

be entered awarding compensation. Respondent denies that the Tdap and Hep A vaccinations

caused N.R.’s brachial neuritis, demyelinating polyradiculoneuropathy, or any other injury or 

condition. Stipulation at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto

as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of 

the Court in awarding damages, on the terms set forth therein.

The parties also stipulate to an award of attorneys’ fees and costs in the joint stipulation for 

compensation and a joint stipulation concerning attorneys’ fees and costs, attached hereto as 

Appendix B. The parties agree to a total award of attorneys’ fees and costs in the amount of 

$17,739.00. In accordance with General Order #9, petitioner represents that she did not personally 

incur costs related to this proceeding. Id. at ¶ 8(b). The undersigned finds the stipulation for fees 

and costs reasonable and adopts it as the decision of the Court. 

The parties stipulate that petitioner shall receive the following compensation:

A lump sum of $40,000.00, in the form of a check payable to petitioner, Yolanda 

Rosebraugh, as guardian/conservator of N.R.’s estate. This amount represents 

compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

A lump sum of $17,739.00, in the form of a check jointly payable to petitioner and to 

petitioner’s attorney, Lesley B. Harris, pursuant to 42 U.S.C. § 300 aa-15(e), for 

attorneys’ fees and costs.

Id. at ¶ 8. 

The undersigned approves the requested amount for petitioner’s compensation and 

attorneys’ fees and costs. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in 

accordance with the terms of the parties’ stipulation.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.






IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

YOLANDA ROSEBRAUGH, on behalf of

her son, N.R., a minor, 

Petitioner,

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 14-364V 

Special Master Gowen

ECF

STIPULATION OF FACTS CONCERNING ATTORNEY’S FEES AND COSTS

It is hereby stipulated by and between the parties, the following factual matters:

1. Lesley B. Harris is the attorney of record for petitioner.

2. The parties filed a stipulation on March 25, 2015, which included an award of

$40,000.00 to petitioner for all damages that would be available under 42 U.S.C.

§ 300aa-15(a), and an award of $14,804.00 for attorney’s fees and costs available

under 42 U.S.C. § 300aa-15(e).

3. After the settlement was approved, Ms. Harris incurred an additional $2,935.00 in

fees and costs, and respondent does not object to the additional fees and costs.

4. The parties jointly request that the Special Master award petitioner an additional

$2,935.00 in attorney’s fees and costs, in the form of a check payable jointly to

petitioner and petitioner’s attorney, Lesley Harris.

5. Nothing in this Stipulation, including the amounts set forth in paragraph 2 and 4,

should be construed as an admission, concession, or waiver by either party as to

any of the matters raised by petitioner’s request for attorneys’ fees and costs,

including but not limited to the hourly rates requested, the number of hours

requested, and other litigation-related costs.

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Respectfully submitted,

s/ Lesley B. Harris 

LESLEY B. HARRIS 

LAW OFFICE OF LESLEY HARRIS

55 River Street, Suite 100 

Santa Cruz, CA 95060 

Tel: (831) 458-0502 

DATED: March 25, 2015 

s/ Traci R. Patton

TRACI R. PATTON

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice 

P.O. Box 146, Benjamin Franklin Station 

Washington, D.C. 20044-0146 

Tel: (202) 353-1589 

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