VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00632 Package ID: USCOURTS-cofc-1_10-vv-00632 Petitioner: Gary Dubin Filed: 2010-09-20 Decided: 2014-03-19 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: AI-assisted case summary: Gary Dubin filed a petition on September 20, 2010, seeking compensation under the National Vaccine Injury Compensation Program. On August 16, 2013, the parties filed a stipulation detailing an amount to be awarded to the petitioner. The Special Master previously assigned to the case issued a decision finding the stipulation reasonable and granting the petitioner the compensation outlined within it. The specific vaccine(s), alleged injury, and the compensation amount awarded in the August 16, 2013 decision are not described in the provided public text. On February 26, 2014, counsel for both parties filed a joint stipulation regarding attorneys' fees and costs. They agreed that the petitioner's counsel should receive a lump sum of $55,000.00. Special Master Brian H. Corcoran reviewed this stipulation, found the amount to be reasonable, and approved an award of $55,000.00, payable jointly to Gary Dubin and his counsel, Lawrence R. Cohan. The stipulation also stated that the petitioner had not personally incurred any reimbursable costs. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the petitioner's age at the time of vaccination, the onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Theory of causation field: The petitioner, Gary Dubin, filed a petition on September 20, 2010. A stipulation for compensation was filed on August 16, 2013, and approved by a prior Special Master, resulting in an award. The specific vaccine(s), alleged injury, and compensation amount are not detailed in the public text. On February 26, 2014, Special Master Brian H. Corcoran approved a joint stipulation for attorneys' fees and costs, awarding $55,000.00, payable jointly to petitioner Gary Dubin and his counsel Lawrence R. Cohan. Petitioner incurred no reimbursable costs. The public text does not specify the theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_10-vv-00632-0 Date issued/filed: 2014-03-19 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/26/2014) regarding 44 DECISION Fees Stipulation/Proffer (Signed by Special Master Brian H Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00632-UNJ Document 47 Filed 03/19/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-632V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * GARY DUBIN * * Filed: February 26, 2014 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Philadelphia, PA, for Petitioner Jennifer L. Reynaud, Washington, DC, for Respondent ATTORNEYS’ FEES AND COSTS DECISION1 On September 20, 2010, Petitioner filed a petition seeking compensation under the National Vaccine Injury Compensation Program. On August 16, 2013, the parties filed a stipulation detailing an amount to be awarded to Petitioner. The special master previously assigned to this case subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. 1 Because this decision contains a reasoned explanation for my action in this case, I will 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 42 U.S.C § 300aa-12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) permit each party 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 decision will be available to the public. Id. Case 1:10-vv-00632-UNJ Document 47 Filed 03/19/14 Page 2 of 2 On February 26, 2014, counsel for both parties filed another joint stipulation, this time regarding attorneys’ fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $55,000.00 in the form of a check jointly payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which Respondent does not object. In accordance with General Order #9, the stipulation includes a statement that Petitioner incurred no reimbursable costs in pursuit of his claim. I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly, an award should be made in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Lawrence R. Cohan. 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.2 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.