VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00803 Package ID: USCOURTS-cofc-1_09-vv-00803 Petitioner: M.A.W. Filed: 2014-03-04 Decided: 2014-03-26 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 162871 AI-assisted case summary: Stacey and Renee Wyler, as legal representatives of a minor child, M.A.W., filed a petition under the National Vaccine Injury Compensation Program. On March 4, 2014, the parties filed a stipulation concerning attorneys' fees and costs. The stipulation requested $158,000.00 for attorneys' fees and costs, and $4,871.78 for out-of-pocket expenses. Special Master Nora Beth Dorsey found that the petition was brought in good faith and had a reasonable basis for the claim, making an award for fees and costs appropriate. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. A total award of $162,871.78 was made. This included $158,000.00 payable jointly to the Petitioner and counsel, Lisa A. Roquemore, Esq., and $4,871.78 payable directly to the Petitioner for out-of-pocket expenses. The decision was to be entered as judgment unless a motion for review was filed. Theory of causation field: The public text does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, or the theory of causation. The case proceeded to a stipulation regarding attorneys' fees and costs, totaling $162,871.78, which was awarded by Special Master Nora Beth Dorsey on March 26, 2014. The stipulation was based on a finding that the petition was brought in good faith with a reasonable basis for the claim. No medical experts or specific causation mechanisms are mentioned in the provided text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_09-vv-00803-cl-extra-2645285 Date issued/filed: 2013-11-14 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2645285 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 09-803V Filed: November 14, 2013 * * * * * * * * * * * * * * * * UNPUBLISHED STACEY and RENEE WYLER, legal * representatives of a minor child, * MORGAN ALEXANDRA WYLER, * * Special Master Dorsey Petitioners, * * Joint Stipulation on Damages; v. * Diphtheria-Tetanus-acellular * Pertussis (DTaP); Measles-Mumps SECRETARY OF HEALTH * Rubella (MMR); oral Polio (OPV) AND HUMAN SERVICES, * vaccines; adverse reaction and * injuries. Respondent. * * * * * * * * * * * * * * * * * Lisa Annette Roquemore, Law Offices of Lisa A. Roquemore, Irvine, CA, for petitioners. Althea Walker Davis, United States Dept. of Justice, Washington, DC, for respondent. DECISION1 On November 20, 2009, Stacey and Renee Wyler (petitioners), legal representatives of a minor child, Morgan Alexandra Wyler (“Morgan”), filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that Morgan sustained a vaccine-related injury as a result of her receipt of the Diphtheria- Tetanus-acellular Pertussis (“DTaP”), Measles-Mumps-Rubella (“MMR”), and oral Polio (“OPV”) vaccines, which she received on or about August 21, 2006. Petitioners allege that 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 Morgan experienced the residual effects of this injury for more than six months. On November 13, 2013, the parties filed a stipulation, stating that a decision should be entered awarding compensation. Respondent denies that the vaccines caused Morgan an adverse reaction, any other condition, or her 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 petitioners shall receive the following compensation: A lump sum of $300,000.00, in the form of a check payable to Stacey and Renee Wyler, petitioners, as guardians of the estate of Morgan Alexandra Wyler. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_09-vv-00803-0 Date issued/filed: 2014-03-26 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/04/2014) regarding 84 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:09-vv-00803-UNJ Document 87 Filed 03/26/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 4, 2014 No. 09-803V * * * * * * * * * * * * * STACEY and RENEE WYLER, legal * Representatives of a minor child, M.A.W, * UNPUBLISHED * * Special Master Dorsey * Petitioners, * Attorneys’ Fees and Costs; Decision; * Stipulation. v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * DECISION1 (ATTORNEY FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,2 Special Master Dorsey issued a Decision on November 14, 2013. On March 4, 2014, the parties filed a stipulation concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a payment of $158,000.00 in attorneys’ fees and costs, and $4,871.78 for out-of-pocket expenses for Petitioners, as represented by their counsel in compliance with General Order #9. 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-00803-UNJ Document 87 Filed 03/26/14 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 $158,000.00, for attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Lisa A. Roquemore, Esq. Additionally, the undersigned awards $4,871.78 directly to Petitioner for out-of-pocket expenses. 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