VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00505 Package ID: USCOURTS-cofc-1_10-vv-00505 Petitioner: Alicia Olund Filed: 2010-08-03 Decided: 2015-07-28 Vaccine: HPV Vaccination date: 2007-11-06 Condition: Guillain-Barré syndrome (“GBS”), and/or chronic demyelinating polyneuropathy (“CIDP”), and/or an autoimmune polyneuropathy (“AP”) Outcome: compensated Award amount USD: 237000 AI-assisted case summary: Alicia Olund, initially represented by her parents, filed a petition on August 3, 2010, alleging that she developed Guillain-Barré syndrome (GBS), chronic inflammatory demyelinating polyneuropathy (CIDP), and/or autoimmune polyneuropathy (AP) caused by her Human Papillomavirus (HPV) vaccinations received on November 6, 2007, January 14, 2008, and September 19, 2008. She also received an influenza vaccine on October 15, 2007, and Tdap and varicella vaccines on November 6, 2007. The respondent, the Secretary of Health and Human Services, denied that the alleged conditions were caused by the vaccinations. On April 21, 2015, Special Master Nora Beth Dorsey entered a decision awarding compensation based on a joint stipulation for damages filed by the parties. The stipulation provided for a lump sum of $160,000.00 payable to petitioner for pain and suffering, and a lump sum of $25,000.00 payable to petitioner and her parents, Barbara and Curt Olund, for past unreimbursed medical expenses. These amounts totaled $185,000.00. On June 4, 2015, the parties filed a stipulation for attorneys' fees and costs, which Special Master Dorsey approved on July 28, 2015. The award for attorneys' fees and costs was $52,000.00, payable jointly to petitioner and her attorney, Lawrence R. Cohan of Anapol Schwartz. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation. The decision does not name any medical experts. Theory of causation field: Petitioner Alicia Olund alleged that Guillain-Barré syndrome (GBS), chronic inflammatory demyelinating polyneuropathy (CIDP), and/or autoimmune polyneuropathy (AP) were caused in fact by her Human Papillomavirus (HPV) vaccinations received on November 6, 2007, January 14, 2008, and September 19, 2008. She also received an influenza vaccine on October 15, 2007, and Tdap and varicella vaccines on November 6, 2007. The respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees. The case resulted in a compensated outcome. The theory of causation was "Off-Table." The public decision does not describe the specific mechanism of causation, medical experts, or detailed evidence presented. The award included $160,000.00 for pain and suffering and $25,000.00 for past unreimbursed medical expenses, totaling $185,000.00, plus $52,000.00 for attorneys' fees and costs. Special Master Nora Beth Dorsey presided over the case. The decision date for damages was April 21, 2015, and for attorneys' fees was July 28, 2015. Petitioner was represented by Lawrence R. Cohan of Anapol Schwartz. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_10-vv-00505-0 Date issued/filed: 2015-05-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/21/2015) regarding 78 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00505-UNJ Document 83 Filed 05/15/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-505V Filed: April 21, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED ALICIA OLUND, * Special Master Dorsey * Petitioner, * * Joint Stipulation on Damages; v. * Human Papillomavirus (“HPV”) * Vaccine; Guillain-Barré Syndrome SECRETARY OF HEALTH * (“GBS”); Chronic Inflammatory AND HUMAN SERVICES, * Demyelinating Polyneuropathy * (“CIDP”); Autoimmune Respondent. * Polyneuropathy. * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for petitioner. Debra Begley, United States Department of Justice, Washington, DC, for respondent. DECISION1 On August 3, 2010, Alicia Olund (“petitioner”)2 filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 42 U.S.C. §§ 300aa-1 to -34 (2006).3 Petitioner received an influenza (“flu”) vaccine on October 15, 2007, the human papillomavirus (“HPV”), tetanus, diphtheria, acellular-pertussis (“Tdap”), and varicella vaccines on November 6, 2007; a second HPV vaccine on January 14, 2008; and a third HPV vaccine on 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. 3 The petition was originally filed by Barbara and Curt Olund, petitioner’s parents. On February 12, 2015, Alicia Olund reached the age of majority and the caption of the case was amended on February 18, 2015, to reflect Alicia Olund as the proper petitioner. 1 Case 1:10-vv-00505-UNJ Document 83 Filed 05/15/15 Page 2 of 7 September 19, 2008. Petitioner alleged that she developed Guillain-Barrė syndrome (“GBS”) and/or chronic demyelinating polyneuropathy (“CIDP”), and/or an autoimmune polyneuropathy (“AP”) that was/were caused in fact by the Human Papillomavirus (“HPV”) vaccines she received. Petitioner furthered alleged that she experienced the residual effects of her condition for more than six months. See Petition at 1, 6. On April 17, 2015, the parties filed a stipulation in which they agree that a decision should be entered awarding compensation. Respondent denies that petitioner’s GBS, CIDP, and/or AP, or any other condition, was caused-in-fact by her HPV vaccinations, and/or her Tdap, varicella, and/or her flu vaccinations. 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: a. A lump sum of $160,000.00 in the form of a check payable to petitioner; and b. A lump sum of $25,000.00 in the form of a check payable to petitioner and Barbara and Curt Olund for past unreimbursed medical expenses. Stipulation ¶ 8. These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 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.4 IT IS SO ORDERED. s/ Nora Beth Dorsey Nora Beth Dorsey Special Master 4 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 1:10-vv-00505-UNJ Document 83 Filed 05/15/15 Page 3 of 7 Case 1:10-vv-00505-UNJ Document 83 Filed 05/15/15 Page 4 of 7 Case 1:10-vv-00505-UNJ Document 83 Filed 05/15/15 Page 5 of 7 Case 1:10-vv-00505-UNJ Document 83 Filed 05/15/15 Page 6 of 7 Case 1:10-vv-00505-UNJ Document 83 Filed 05/15/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_10-vv-00505-1 Date issued/filed: 2015-07-28 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/04/2015) regarding 87 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00505-UNJ Document 90 Filed 07/28/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Case No. 10-505V Filed: June 4, 2015 * * * * * * * * * * * * * * ALICIA OLUND, * UNPUBLISHED * Petitioner, * * v. * Special Master Dorsey * SECRETARY OF HEALTH * Attorneys’ Fees and Costs; AND HUMAN SERVICES, * Reasonable Amount Requested to which * Respondent does not Object. Respondent. * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for petitioner. Debra A. Begley, United States Department of Justice, Washington, DC, for respondent. ATTORNEYS’ FEES AND COSTS DECISION1 On August 3, 2010, Alicia Olund (“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 developed Guillain-Barré Syndrome (“GBS”), and/or chronic demyelinating polyneuropathy (“CIDP”), and/or autoimmune polyneuropathy (“AP”) as a result of Human Papillomavirus (“HPV”) vaccines she received on November 6, 2007, January 14, 2008, and 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision 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, 116 Stat. 2899, 2913 (Dec. 17, 2002). 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, 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 Case 1:10-vv-00505-UNJ Document 90 Filed 07/28/15 Page 2 of 2 September 19, 2008. See Petition at 1, 6. Petitioner received an influenza vaccination on October 15, 2007, and Tdap and Varicella vaccines on November 6, 2007. On April 21, 2015, the undersigned entered a decision awarding compensation to petitioner based on a joint stipulation filed by the parties. On June 4, 2015, the parties filed a stipulation concerning attorneys’ fees and costs. The parties stipulate to a total award of attorneys’ fees and costs in the amount of $52,000.00. Stip. for Fees and Costs at ¶ 8. In accordance with General Order #9, petitioner’s counsel represents that petitioner did not personally incur any costs in pursuit of her claim. Id. at ¶ 3. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection by respondent, the undersigned GRANTS the request for approval and payment of attorneys’ fees and costs. Accordingly, an award should be made as follows: In the form of a check jointly payable to petitioner and to petitioner’s attorney, Lawrence R. Cohan, of the law firm Anapol Schwartz, in the amount of $52,000.00. 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.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