VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00356 Package ID: USCOURTS-cofc-1_10-vv-00356 Petitioner: SANDRA STEINBERG, as the administrator of the Estate of, ISAIAH STEINBERG Filed: 2010-06-18 Decided: 2014-06-18 Vaccine: Vaccination date: Condition: Outcome: denied Award amount USD: AI-assisted case summary: Sandra Steinberg, as the administrator of the Estate of Isaiah Steinberg, filed a petition under the National Vaccine Injury Compensation Program. The Special Master issued a decision on November 13, 2013, the details of which are not available in the provided text. On May 28, 2014, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Lisa D. Hamilton-Fieldman issued a decision on June 18, 2014, awarding $62,984.00 in attorneys' fees and costs, payable jointly to the petitioner and petitioner's counsel, John F. McHugh, Esq. This award was made after the Special Master found that the petition was brought in good faith and that there existed a reasonable basis for the claim, which is the standard applied when a petitioner has not received compensation under the Program. The specific vaccine(s), alleged injury, clinical details, and the substantive merits of the claim are not described in the available public text. The respondent was represented by Linda S. Renzi of the U.S. Department of Justice. Theory of causation field: The public text does not describe the specific vaccine(s) or the alleged injury, nor does it detail the clinical story or the Special Master's reasoning on the merits of the claim, as the underlying decision from November 13, 2013, is not available. The case involves a stipulation for attorneys' fees and costs filed on May 28, 2014, and a decision on those fees issued by Special Master Lisa D. Hamilton-Fieldman on June 18, 2014. The Special Master awarded $62,984.00 in attorneys' fees and costs, finding the petition was brought in good faith with a reasonable basis, indicating a non-prevailing petitioner standard. Petitioner was represented by John F. McHugh, Esq., and the respondent was represented by Linda S. Renzi. The petition was filed on June 18, 2010. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_10-vv-00356-cl-extra-2645287 Date issued/filed: 2013-11-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2645287 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-356V (E-Filed: November 13, 2013) * * * * * * * * * * * * * * * SANDRA STEINBERG, as the * administrator of the Estate of, ISAIAH * STEINBERG, * UNPUBLISHED * Petitioner, * Special Master * Hamilton-Fieldman v. * * Pediarix, Haemophilus influenza type SECRETARY OF HEALTH AND * B (Hib) vaccine, Pneumococcal HUMAN SERVICES, * Conjugate Vaccine (PVC); Death; * Decision; Stipulation. Respondent. * * * * * * * * * * * * * * * * John F. McHugh, New York, NY, for Petitioner. Linda Renzi, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 9, 2010, Petitioner, Sandra Steinberg, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@) on behalf of her son, Isaiah. Petitioner alleged that her son suffered a decrease in brain function and subsequent death, as a result of receiving the Pediarix vaccine, the Haemophilus influenza type B (Hib) vaccine, and the Pneumococcal Conjugate Vaccine 1 Because this unpublished decision contains a reasoned explanation for the undersigned’s action in this case, 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 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. 1 (PVC).2 Respondent denies that Isaiah’s vaccinations caused his injury and resulting death. Nonetheless, both parties, while maintaining their above stated positions, agreed in a Stipulation, filed November 13, 2013, (“Stipulation”) that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The stipulation awards: A lump sum of $40,000.00 in the form of a check payable to Petitioner, as legal representative of Isaiah Steinberg’s estate. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a) to which Petitioner would be entitled. Stipulation ¶ 8. The undersigned approves the requested amounts for Petitioner’s compensation. 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 IT IS SO ORDERED. s/Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master 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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) (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. 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_10-vv-00356-0 Date issued/filed: 2014-06-18 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/28/2014) regarding 81 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00356-UNJ Document 85 Filed 06/18/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-356V (E-Filed: May 28, 2014) * * * * * * * * * * * * * * * SANDRA STEINBERG, as the * UNPUBLISHED administrator of the Estate of, ISAIAH STEINBERG, * * Petitioner, * Special Master * Hamilton-Fieldman v. * * Decision on Attorneys’ Fees and Costs. SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * . * * * * * * * * * * * * * * * John F. McHugh, Law Office of John McHugh, New York, NY, for Petitioner. Linda S. Renzi, 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 the undersigned issued a decision on November 13, 2013. On May 28, 2014, the parties filed a stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation 1 The undersigned intends to post this unpublished 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.” 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 1:10-vv-00356-UNJ Document 85 Filed 06/18/14 Page 2 of 2 requests a total payment of $62,984.00, representing total attorneys’ fees and costs. Pursuant to General Order #9, Petitioner stated that she had incurred no costs in pursuit of her claim. I find that this petition was brought in good faith and that there existed 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). Further, the proposed amount seems reasonable and appropriate. Accordingly, I hereby award the amount of $62,984.00, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, John F. McHugh, 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/Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master 2