VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00776 Package ID: USCOURTS-cofc-1_09-vv-00776 Petitioner: Eddie Maxie Filed: 2014-03-07 Decided: 2014-03-28 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 66000 AI-assisted case summary: Eddie Maxie filed a petition under the National Vaccine Injury Compensation Program. The case progressed to a point where the parties, Eddie Maxie and the Secretary of Health and Human Services, filed a stipulation concerning attorneys' fees and costs. This stipulation requested a payment of $66,000.00 for attorneys' fees and costs. Petitioner did not advance any reimbursable costs. The Special Master, Nora Beth Dorsey, found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate. The stipulation was deemed reasonable, and Special Master Dorsey awarded a lump sum of $66,000.00 for attorneys' fees and costs, payable jointly to Eddie Maxie and his counsel, Lawrence R. Cohan. Judgment was to be entered in accordance with this decision unless a motion for review was timely filed. The decision was issued on March 28, 2014. Theory of causation field: The public text does not describe the specific vaccine(s) administered, the date(s) of vaccination, the petitioner's age at vaccination, or the alleged condition. The case resulted in a compensated outcome via a stipulation for attorneys' fees and costs. The stipulation, filed on March 6, 2014, requested $66,000.00 for attorneys' fees and costs, noting that the petitioner advanced no reimbursable costs. Special Master Nora Beth Dorsey found the petition was brought in good faith with a reasonable basis, deeming the stipulation reasonable and awarding the lump sum of $66,000.00, payable jointly to petitioner Eddie Maxie and his counsel, Lawrence R. Cohan. The decision was issued on March 28, 2014. No specific theory of causation, medical experts, or mechanism of injury were detailed in the provided public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_09-vv-00776-cl-extra-2651974 Date issued/filed: 2014-01-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2651974 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 09-776V Filed: January 10, 2014 * * * * * * * * * * * * * * * * UNPUBLISHED EDDIE MAXIE, * * Special Master Dorsey Petitioner, * * Joint Stipulation on Damages; v. * Trivalent Influenza (Flu) Vaccine; * Guillain-Barré Syndrome (GBS). SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol Schwartz, Philadelphia, PA, for petitioner. Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION1 On November 12, 2009, Eddie Maxie (petitioner), filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that she sustained the first symptom or manifestation of Guillain-Barré Syndrome (“GBS”) as a result of his receipt of a trivalent influenza (“flu”) vaccine, which he received on or about November 15, 2006. Petitioner alleges that he experienced the residual effects of this injury for more than six months. On January 9, 2014, the parties filed a stipulation, stating that a decision should be 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. 1 entered awarding compensation. Respondent denies that the flu vaccine caused petitioner’s alleged injuries or any other injury or his current disabilities. 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 stipulated that petitioner shall receive the following compensation: 1. A lump sum of $58,152.65, in the form of a check payable jointly to petitioner and Louisiana Department of Health & Hospitals/Medicaid, Attn. Daniel L. Duhon, P.O. Box 3836, Baton Rouge, LA 70821-3836, in satisfaction of the State of Louisiana Medicaid lien; and 2. A lump sum of $250,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. 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.3 IT IS SO ORDERED. s/ Nora Beth Dorsey Nora Beth Dorsey 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. 2 Case 1:09-vv-00776-UNJ Document 87 Filed 01/09/14 Page 1 of 5 Case 1:09-vv-00776-UNJ Document 87 Filed 01/09/14 Page 2 of 5 Case 1:09-vv-00776-UNJ Document 87 Filed 01/09/14 Page 3 of 5 Case 1:09-vv-00776-UNJ Document 87 Filed 01/09/14 Page 4 of 5 Case 1:09-vv-00776-UNJ Document 87 Filed 01/09/14 Page 5 of 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_09-vv-00776-1 Date issued/filed: 2014-03-28 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/07/2014) regarding 96 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:09-vv-00776-UNJ Document 99 Filed 03/28/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 09-776V Filed: March 7, 2014 * * * * * * * * * * * * * * * * UNPUBLISHED EDDIE MAXIE, * * Special Master Dorsey Petitioner, * * Attorneys’ Fees and Costs; Decision; v. * Stipulation. * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol Schwartz, Philadelphia, PA, for petitioner. Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION1 (ATTORNEY FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,2 Special Master Dorsey issued a Decision on January 10, 2014. On March 6, 2014, the parties filed a stipulation concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a payment of $66,000.00 in attorneys’ fees and costs. Pursuant to General Order #9, the stipulation noted that Petitioner did not advance any reimbursable costs in pursuit of his claim. 1 The undersigned intends to 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 trade secret or commercial or financial information and is privileged or confidential, or (2) that are medical files and 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 applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). 1 Case 1:09-vv-00776-UNJ Document 99 Filed 03/28/14 Page 2 of 2 The undersigned finds that this petition was brought in good faith and that there exists a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding attorneys’ fees and costs, on the terms set forth therein. I hereby award the lump sum of $66,000.00, for attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Lawrence R. Cohan, Esq. In the absence of a timely-filed motion for review filed pursuant to Appendix B of the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment in accordance herewith. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master 2