VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00286 Package ID: USCOURTS-cofc-1_09-vv-00286 Petitioner: Inder M. Dhillon Filed: 2014-03-05 Decided: 2014-12-16 Vaccine: Hepatitis B Vaccination date: 2006-08-04 Condition: seizures and mental status changes Outcome: compensated Award amount USD: 895525 AI-assisted case summary: Inder M. Dhillon, through his wife and guardian Ravinder Dhillon, filed a petition alleging that he developed seizures and mental status changes following his August 4, 2006, Hepatitis B virus (HBV) vaccine. The petition claimed that Mr. Dhillon suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Dhillon's alleged injuries or any other condition. Despite the denial, the parties reached a stipulation to resolve the matter. The court adopted the stipulation and awarded compensation. The award included a lump sum of $507,968.85 for first-year life care expenses, lost future earnings, and pain and suffering. Additionally, $387,556.03 was awarded to reimburse a lien for services rendered to Mr. Dhillon. The stipulation also provided for an annuity contract. Later, on November 25, 2014, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $99,260.00 for fees and costs and $2,740.00 for petitioner's costs. The total compensation awarded in this case was $895,525. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_09-vv-00286-0 Date issued/filed: 2014-03-26 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 03/05/2014) regarding 72 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:09-vv-00286-UNJ Document 77 Filed 03/26/14 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 09-286V Filed: March 5, 2014 Not for Publication ************************************* RAVINDER DHILLON, as Wife and * Guardian of INDER M. DHILLON, * * Petitioner, * Damages decision based on stipulation; * Hepatitis B virus vaccine; seizures; v. * mental status change * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ramon Rodriguez, III, Richmond, VA, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On March 5, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that Inder M. Dhillon (“Mr. Dhillon”) developed seizures and mental status changes that were caused by his August 4, 2006, receipt of Hepatitis B virus (“HBV”) vaccine. Petitioner further alleges that Mr. Dhillon suffered the residual effects of this injury for more than six months. Respondent denies that the vaccine caused Mr. Dhillon’s alleged injuries, including seizures or mental status changes, or any other 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 delete 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 delete such material from public access. Case 1:09-vv-00286-UNJ Document 77 Filed 03/26/14 Page 2 of 10 injury or condition. Nonetheless, the parties agreed to resolve this matter informally. The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards: a. a lump sum of $507,968.85, representing compensation for first year life care expenses ($79,791.69), lost future earnings ($290,802.12), and pain and suffering ($137,375.04). The award shall be in the form of a check for $507,968.85 made payable to petitioner as guardian/conservator of the estate of Inder M. Dhillon for the benefit of Inder M. Dhillon; and b. a lump sum of $387,556.03, representing reimbursement of a lien for services rendered on behalf of Inder M. Dhillon. The award shall be in the form of a check for $387,556.03 made payable jointly to petitioner and Division of Medical Assistance North Carolina Department of Health and Human Services Office of the Controller 2022 Mail Service Center Raleigh, NC 27699-2022 Attn: Ms. Sounjanette Taliaferro. Petitioner agrees to endorse this payment to the State; and c. an amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation. 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: March 5, 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 Case 1:09-vv-00286-UNJ Document 77 Filed 03/26/14 Page 3 of 10 Case 1:09-vv-00286-UNJ Document 77 Filed 03/26/14 Page 4 of 10 Case 1:09-vv-00286-UNJ Document 77 Filed 03/26/14 Page 5 of 10 Case 1:09-vv-00286-UNJ Document 77 Filed 03/26/14 Page 6 of 10 Case 1:09-vv-00286-UNJ Document 77 Filed 03/26/14 Page 7 of 10 Case 1:09-vv-00286-UNJ Document 77 Filed 03/26/14 Page 8 of 10 Case 1:09-vv-00286-UNJ Document 77 Filed 03/26/14 Page 9 of 10 Case 1:09-vv-00286-UNJ Document 77 Filed 03/26/14 Page 10 of 10 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_09-vv-00286-1 Date issued/filed: 2014-12-16 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/25/2014) regarding 83 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:09-vv-00286-UNJ Document 86 Filed 12/16/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 09-286V Filed: November 25, 2014 Not for Publication ************************************* RAVINDER DHILLON, as Wife and * Guardian of INDER M. DHILLON, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ramon Rodriguez, III, Richmond, VA, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On November 25, 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 submitted her draft application for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner amends her application for attorneys’ fees and 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 1:09-vv-00286-UNJ Document 86 Filed 12/16/14 Page 2 of 2 costs to $99,260.00. Respondent does not object to this amount. In accordance with the General Order #9 requirement, petitioner asserts that she advanced $2,740.00 in pursuit of her petition. Respondent does not object to this amount. The undersigned finds these amounts to be reasonable. Accordingly, the court awards: a. $99,260.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Rawls, McNelis & Mitchell, P.C. in the amount of $99,260.00; and b. $2,740.00, representing reimbursement for petitioner’s costs. The award shall be in the form of a check payable to petitioner in the amount of $2,740.00 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: November 25, 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