VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_07-vv-00785 Package ID: USCOURTS-cofc-1_07-vv-00785 Petitioner: Courtney Thrasher Filed: 2007-11-08 Decided: 2014-09-16 Vaccine: influenza Vaccination date: 2005-11-03 Condition: death Outcome: compensated Award amount USD: 133395 AI-assisted case summary: On November 8, 2007, Daniel Thrasher and Kimberly Thrasher, as the surviving parents and legal representatives of Courtney Thrasher, deceased, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that Courtney Thrasher suffered an injury resulting from an influenza vaccination received on November 3, 2005, which ultimately caused her death. The respondent, the Secretary of Health and Human Services, denied that the alleged injuries and death were caused by the flu vaccine. Despite this denial, both parties agreed to settle the issues through a joint stipulation filed on January 24, 2014. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the proceeding. The stipulation awarded compensation in two parts: a lump sum of $2,937.75 to reimburse a lien for services rendered on behalf of Courtney Thrasher, payable jointly to the petitioners as legal representatives of the estate and the Alabama Medicaid Agency; and a lump sum of $100,000.00, payable to the petitioners as legal representatives of the estate, for all other damages available under 42 U.S.C. § 300aa-15(a). The total award for damages was $102,937.75. Subsequently, on August 22, 2014, counsel for both parties filed a joint stipulation regarding attorneys' fees and costs. Special Master Brian H. Corcoran approved this stipulation on September 16, 2014. Petitioners' counsel, Ramon Rodriguez, III, was to receive a lump sum of $33,395.00, jointly payable to the petitioners and their counsel. Petitioners also incurred $155.00 in reimbursable costs. The total award, including damages and fees/costs, was $136,387.75. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the proposed mechanism of injury. The decision notes that the statutory cap for vaccine-related death claims under § 15(a)(2) is $250,000 plus expenses, and the stipulated award was below this cap, potentially reflecting the parties' assessment of contested causation evidence. Theory of causation field: Petitioners alleged that Courtney Thrasher's death on November 3, 2005, was caused by an influenza vaccine received on that date. The respondent denied causation. The parties reached a joint stipulation for compensation, and Special Master Brian H. Corcoran adopted the stipulation, awarding $102,937.75 in damages and $33,395.00 in attorneys' fees and costs, for a total award of $136,387.75. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused death, stating only that the case was settled by stipulation despite the respondent's denial of causation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_07-vv-00785-0 Date issued/filed: 2014-01-24 Pages: 8 Docket text: PUBLIC DECISION regarding 80 DECISION of Special Master. (Docketed for Administrative Purposes) Signed by Special Master Brian H Corcoran. (jt1) Copy to parties. -------------------------------------------------------------------------------- Case 1:07-vv-00785-UNJ Document 83 Filed 01/24/14 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 07-785V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DANIEL THRASHER and KIMBERLY THRASHER * Surviving parents and legal representatives of * a minor child COURTNEY THRASHER, deceased * * Filed: January 24, 2014 Petitioners, * * Decision by Stipulation; v. * Damages; Influenza (Flu) * Vaccine; Death SECRETARY OF HEALTH AND * HUMAN SERVICES * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ramon Rodriguez, III, Fort Worth, TX, for Petitioner Glenn A. MacLeod, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On November 8, 2007, petitioners Daniel Thrasher and Kimberly Thrasher, as parents and legal representatives of the vaccinee Courtney Thrasher, deceased, filed a petition seeking compensation under the National Vaccine Injury Compensation Program, (Athe Vaccine Program@).2 Petitioners alleged that the vaccinee suffered an injury resulting from an influenza 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision 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 (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). Otherwise, “the entire” decision will be available to the public. Id. 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, Case 1:07-vv-00785-UNJ Document 83 Filed 01/24/14 Page 2 of 8 (“flu”) vaccination she received on November 3, 2005, and that the injury eventually caused the vaccinee’s death. Respondent denies that the vaccinee’s alleged injuries and eventual death were caused by her receipt of the flu vaccine. Nonetheless, both parties, while maintaining the above positions, agreed in a stipulation filed January 24, 2014 that the issues before them can be settled and that a decision should be entered awarding petitioners compensation. I have reviewed the file and, based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt the stipulation as the decision of this proceeding in awarding damages, on the terms set forth therein. The stipulation awards: a) A lump sum of $2,937.75, which amount represents reimbursement of a lien for services rendered on behalf of Courtney Thrasher, in the form of a check payable jointly to petitioners as Legal Representatives of the Estate of Courtney Thrasher, deceased, and Alabama Medicaid Agency HMS Attention: AL Medicaid Subrogation Unit P.O. Box 166709 Irving, TX 75016-6709 petitioners agree to endorse this payment to the Alabama Medicaid Agency; and b) A lump sum of $100,000.00, in the form of a check payable to petitioners, as Legal Representative of the Estate of Courtney Thrasher, deceased, which amount represents compensation for all other damages that would be available under 42 U.S.C. § 300aa-15(a); Stipulation ¶ 8. I approve a Vaccine Program award to be made to petitioners in the amounts set forth above. 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 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) (“Vaccine Act”). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. Case 1:07-vv-00785-UNJ Document 83 Filed 01/24/14 Page 3 of 8 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master Case 1:07-vv-00785-UNJ Document 83 Filed 01/24/14 Page 4 of 8 Case 1:07-vv-00785-UNJ Document 83 Filed 01/24/14 Page 5 of 8 Case 1:07-vv-00785-UNJ Document 83 Filed 01/24/14 Page 6 of 8 Case 1:07-vv-00785-UNJ Document 83 Filed 01/24/14 Page 7 of 8 Case 1:07-vv-00785-UNJ Document 83 Filed 01/24/14 Page 8 of 8 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_07-vv-00785-1 Date issued/filed: 2014-09-16 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/25/2014) regarding 85 DECISION Fees Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.) (mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:07-vv-00785-UNJ Document 88 Filed 09/16/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 7-785V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DANIEL THRASHER and KIMBERLY THRASHER * Surviving parents and legal representative of a minor child, * COURTNEY THRASHER, deceased, * * Petitioners, * Filed: August 25, 2014 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Decision by Stipulation; * Attorneys’ Fees & Costs * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ramon Rodriguez, III, Rawls, McNelis, and Mitchell, Richmond, VA, for Petitioners. Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent. ATTORNEYS’ FEES AND COSTS DECISION1 On November 8, 2007, Daniel Thrasher and Kimberly Thrasher, as parents and legal representatives of vaccine Courtney Thrasher, deceased, filed a petition on behalf of their 1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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. To do so, Vaccine Rule 18(b) permit each party 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). Otherwise, the decision will be available to the public. Id. Case 1:07-vv-00785-UNJ Document 88 Filed 09/16/14 Page 2 of 2 seeking compensation under the National Vaccine Injury Compensation Program. On January 24, 2014, I issued a decision finding the parties’ stipulation to be reasonable and granting the Petitioners the award outlined by the stipulation. On August 22, 2014, counsel for both parties filed another joint stipulation, this time regarding attorneys’ fees and costs. The parties have stipulated that Petitioners’ counsel should receive a lump sum of $33,395.00 in the form of a check jointly payable to Petitioners and Petitioners’ counsel. This amount represents a sum to which Respondent does not object. In addition, in accordance with General Order #9, Petitioners filed a statement on August 22, 2014, indicating that he had incurred $155.00 reimbursable costs in pursuit of their claim. I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly, an award should be made in the form of a check jointly payable to Petitioners and Petitioners’ counsel, Ramon Rodriguez, III , Esq., in the amount of $33,395.00. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.2 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing (jointly or separately) notices renouncing their right to seek review.