VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_04-vv-01225 Package ID: USCOURTS-cofc-1_04-vv-01225 Petitioner: M.A.T. Filed: Decided: 2014-07-24 Vaccine: Vaccination date: Condition: Outcome: unclear Award amount USD: AI-assisted case summary: Terri Turnage, as the natural parent of a minor child identified as M.A.T., filed a petition under the National Childhood Vaccine Injury Act. The public record consists of a decision on attorneys' fees and costs, based on a stipulation of fact between the parties. The specific vaccine(s), vaccination date(s), the alleged injury, symptom onset, clinical history, or the outcome of the underlying vaccine injury claim are not described in this public decision. Petitioner's counsel was Peter H. Meyers, and respondent's counsel was Glenn A. MacLeod. Special Master Laura D. Millman issued the decision. On June 24, 2014, petitioner applied for attorneys' fees and costs, asserting $150.00 in out-of-pocket costs. Following informal discussions where respondent raised objections to certain items, petitioner amended her request to $94,850.00 for attorneys' fees and costs, plus the $150.00 for personal costs. Respondent did not object to the amended amount. Special Master Millman found the stipulated amount to be reasonable and awarded $94,850.00 in attorneys' fees and costs, payable jointly to Terri Turnage and Peter H. Meyers. Additionally, $150.00 was awarded for petitioner's costs, payable directly to petitioner. The total award was $95,000.00, representing legal fees and costs, not compensation for a vaccine injury. The decision notes that it is unpublished but will be posted on the court's website in accordance with the E-Government Act of 2002, with a standard notice regarding redaction of sensitive information. Theory of causation field: The public decision does not state the vaccine(s), vaccination date(s), age at vaccination, alleged injury, symptom onset, clinical history, or outcome of the underlying claim for minor M.A.T. The decision is solely regarding attorneys' fees and costs, awarded based on a stipulation of fact. Petitioner Terri Turnage, represented by Peter H. Meyers, sought fees and costs. Respondent, represented by Glenn A. MacLeod, did not object to the stipulated amount of $94,850.00 for attorneys' fees and costs, plus $150.00 for petitioner's personal costs. Special Master Laura D. Millman awarded the total of $95,000.00 ($94,850.00 jointly to petitioner and counsel, $150.00 to petitioner) on July 24, 2014. No medical experts or specific causation theories are mentioned in this fee decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_04-vv-01225-cl-extra-2648336 Date issued/filed: 2013-12-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2648336 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 04-1225V Filed: December 13, 2013 Not for Publication ************************************* TERRI TURNAGE, Natural Parent of a * Minor Child, M.A.T., * * Petitioner, * * Damages decision based on proffer; v. * MMR vaccine; encephalopathy * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Peter H. Meyers, Washington, DC, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On July 28, 2004, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa–10-34 (2012), alleging that MMR vaccine caused M.A.T.’s encephalopathy. On May 27, 2009, after a fact hearing, then-Chief Special Master Golkiewicz found the petition timely filed. See Order Resolving Statute of Limitations Issue and Order Setting Further Proceedings, May 27, 2009, ECF No. 57. On June 19, 2009, the parties filed a joint status report confirming that respondent did not contest that the MMR vaccine received in this case was the presumed cause of M.A.T.’s encephalopathy. See Joint Status Report, June 19, 1 Because this decision contains a reasoned explanation for the special master's action in this case, the special master intends to post this decision on the United States Court of Federal Claims's website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. 2009, ECF No. 58; Resp’t’s Vaccine Rule 4(c) Report, November 19, 2004, ECF No. 5. On December 13, 2013, respondent filed Respondent’s Proffer on Award of Compensation. The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole, the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to the terms stated in the attached proffer, the court awards petitioner: a. a lump sum payment of $1,214,987.18, representing compensation for lost future earnings ($748,644.98), pain and suffering ($229,352.17), and life care expenses expected to be incurred during the first year after judgment ($236,990.03). The award shall be in the form of a check payable to petitioner as guardian/conservator of M.A.T., for the benefit of M.A.T.; and b. a lump sum payment of $30,000.00, representing compensation for past unreimbursable expenses. The award shall be in the form of a check payable to Terri Turnage, petitioner; c. a lump sum payment of $187,627.48, representing compensation for satisfaction of the State of Oklahoma Medicaid lien. The award shall be in the form of a check payable jointly to petitioner and State of Oklahoma OK Health Care Authority Shepherd Mall 2401 N.W. 23rd St., Suite 1A Oklahoma City, OK 73107 Attn: Ms. Jayna Sims. Petitioner agrees to endorse this payment to the State of Oklahoma; and d. an amount sufficient to purchase the annuity contract(s) subject to the conditions described in section III. D. of the attached proffer. 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.2 IT IS SO ORDERED. Dated: December 13, 2013 /s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_04-vv-01225-0 Date issued/filed: 2014-08-14 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/24/2014) regarding 138 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:04-vv-01225-UNJ Document 139 Filed 08/14/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 04-1225V Filed: July 24, 2014 Not for Publication ************************************* TERRI TURNAGE, Natural Parent of a * Minor Child, M.A.T., * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Peter H. Meyers, Washington, DC, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On July 23, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. Petitioner filed her application for attorneys’ fees and costs on June 24, 2014. In accordance with the General Order #9 requirement, petitioner asserts that she incurred $150.00 in out-of-pocket costs in this case. During informal discussions, respondent raised objections to 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:04-vv-01225-UNJ Document 139 Filed 08/14/14 Page 2 of 2 certain items in petitioner’s application. Based on these objections, petitioner amends her request for reimbursement for attorneys’ fees and costs to $94,850.00, in addition to petitioner’s $150.00 in costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards: a. $94,850.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Peter H. Meyers, Esq. in the amount of $94,850.00. b. $150.00, representing reimbursement for petitioner’s costs. The award shall be in the form of a check made payable to petitioner in the amount of $150.00. 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.2 IT IS SO ORDERED. Dated: July 24, 2014 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2