VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00727 Package ID: USCOURTS-cofc-1_10-vv-00727 Petitioner: Sandra J. Cort Filed: 2010-10-27 Decided: 2014-06-24 Vaccine: influenza Vaccination date: 2007-11-12 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: AI-assisted case summary: Sandra J. Cort filed a petition on October 27, 2010, alleging that an influenza vaccine she received on November 12, 2007 caused her to develop Guillain-Barré syndrome. Petitioner received compensation based upon a joint stipulation per a decision filed December 5, 2013. The vaccine-related compensation amount and the specific terms of the 2013 stipulation are not available in the pipeline data. On May 23, 2014, the parties filed a stipulation for attorneys' fees and costs. After respondent raised objections to petitioner's initial fee application, petitioner amended her request to $49,280.15, an amount to which respondent did not object. Special Master Moran awarded $49,280.15 payable jointly to petitioner and her counsel, Elizabeth M. Muldowney, for attorneys' fees and litigation costs, and additionally awarded $500.00 directly to petitioner for costs she personally incurred in pursuing her claim. Theory of causation field: Flu vaccine Nov 12, 2007 → GBS. Compensation by stipulation Dec 5, 2013 (text not in staging; amount unknown). Fees $49,280.15 + $500 personal costs (SM Moran May 30, 2014). award corrected: 49780 → NULL (DB had fees+costs amount; actual comp unknown from available text). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_10-vv-00727-0 Date issued/filed: 2014-06-24 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/30/2014) regarding 74 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00727-UNJ Document 77 Filed 06/24/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * SANDRA J. CORT, * * Petitioner, * No. 10-727V * Special Master Christian J. Moran * v. * Filed: May 30, 2014 * SECRETARY OF HEALTH * Attorneys’ fees and costs; award AND HUMAN SERVICES, * in the amount to which * respondent does not object. Respondent. * * * * * * * * * * * * * * * * * * * * * * Elizabeth M. Muldowney, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner. Althea W. Davis, United States Dep’t of Justice, Washington, D.C., for respondent. UNPUBLISHED DECISION ON FEES AND COSTS1 On May 23, 2014, respondent filed a stipulation of fact concerning final attorneys’ fees and costs in the above-captioned matter. Previously, petitioner informally submitted a draft application for attorneys’ fees and costs to respondent for review. Upon review of petitioner’s application, respondent raised objections to certain items. Based on subsequent discussions, petitioner amended her application to request $ 49,280.15, an amount to which respondent does not object. The Court awards this amount. On October 27, 2010, Sandra J. Cort filed a petition for compensation alleging that the influenza vaccine, which she received on November 12, 2007, 1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:10-vv-00727-UNJ Document 77 Filed 06/24/14 Page 2 of 2 caused her to suffer Guillain-Barré syndrome (“GBS”). Petitioner received compensation based upon the parties’ stipulation. Decision, filed Dec. 5, 2013. Because petitioner received compensation, they are entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). Petitioner seeks a total of $49,280.15 in attorneys’ fees and costs for her counsel. Additionally, in compliance with General Order No. 9, petitioner states that she incurred $500.00 in out-of-pocket litigation expenses while pursuing this claim. Respondent has no objection to the amount requested for attorneys’ fees and costs. After reviewing the request, the Court awards the following: a. A lump sum of $49,280.15 in the form of a check made payable to petitioner and petitioner’s attorney, Elizabeth M. Muldowney, for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa-15(e). b. A lump sum of $500.00, payable to petitioner, Sandra J. Cort, for costs she incurred in pursuit of her petition. The Court thanks the parties for their cooperative efforts in resolving this matter. The Clerk shall enter judgment accordingly. Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6353. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master