VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00728 Package ID: USCOURTS-cofc-1_10-vv-00728 Petitioner: Paula J. Williams Filed: 2010-10-27 Decided: 2016-02-12 Vaccine: influenza Vaccination date: 2008-11-07 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 185871 AI-assisted case summary: Paula J. Williams filed a petition on October 27, 2010, alleging that an influenza vaccine administered on November 7, 2008, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied that the flu vaccine caused Petitioner's GBS or any other injury. Despite the denial, the parties reached a joint stipulation regarding damages. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court on June 3, 2015. Under the terms of the stipulation, Paula J. Williams was awarded compensation totaling $185,870.94. This amount included a lump sum of $185,000.00 payable to Petitioner and a separate lump sum of $870.94 payable jointly to Petitioner and Recovery Management Systems, Inc. in Phoenix, Arizona, to reimburse a Medicaid lien. These payments were designated as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Peter H. Meyers of the National Law Center, and the respondent was represented by Justine E. Walters of the United States Department of Justice. On January 20, 2016, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Hamilton-Fieldman reviewed this stipulation and awarded $61,000.00 in attorneys' fees and costs. This amount was payable jointly to Petitioner Paula J. Williams and her counsel, Renee J. Gentry of Shoemaker, Gentry & Knickelbein. Petitioner's counsel represented that Petitioner had not personally incurred any out-of-pocket litigation costs. The decision notes that it is unpublished and that parties had 14 days to request redaction of information. Theory of causation field: Petitioner Paula J. Williams alleged that an influenza vaccine received on November 7, 2008, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation for damages, which Special Master Lisa Hamilton-Fieldman adopted on June 3, 2015. The stipulation resulted in an award of $185,870.94, comprising a $185,000.00 lump sum to Petitioner and $870.94 to reimburse a Medicaid lien payable jointly to Petitioner and Recovery Management Systems, Inc. Attorneys' fees and costs totaling $61,000.00 were awarded jointly to Petitioner and her counsel, Renee J. Gentry, on January 21, 2016, by Special Master Hamilton-Fieldman, based on a joint stipulation. Petitioner was represented by Peter H. Meyers and respondent by Justine E. Walters. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_10-vv-00728-0 Date issued/filed: 2015-06-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/3/2015) regarding 59 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00728-UNJ Document 65 Filed 06/24/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-728V Filed: June 3, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED PAULA J. WILLIAMS, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”). SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Peter H. Meyers, National Law Center, Washington, D.C., for Petitioner. Justine E. Walters, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On October 27, 2010, Paula J. Williams (“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 suffered from Guillain-Barré Syndrome (“GBS”) as a result of an Influenza (“Flu”) vaccine administered to her on November 7, 2008. Petition (“Pet”) at 1. Respondent denies that the Flu vaccine caused Petitioner’s GBS or any other injury or her current condition. 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 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 Case 1:10-vv-00728-UNJ Document 65 Filed 06/24/15 Page 2 of 7 the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: A. A lump sum of $185,000.00 in the form of a check payable to Petitioner; and B. A lump sum of $870.94, which amount represents reimbursement of a Medicaid lien, in the form of a check payable jointly to Petitioner and Recovery Management Systems, Inc. P.O. Box 32714 Phoenix, Arizona 85064-2714 Petitioner agrees to endorse this check to Recovery Management Systems. Payments made pursuant to paragraphs 8(a) and 8(b) represent 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/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman 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 Case 1:10-vv-00728-UNJ Document 65 Filed 06/24/15 Page 3 of 7 Case 1:10-vv-00728-UNJ Document 65 Filed 06/24/15 Page 4 of 7 Case 1:10-vv-00728-UNJ Document 65 Filed 06/24/15 Page 5 of 7 Case 1:10-vv-00728-UNJ Document 65 Filed 06/24/15 Page 6 of 7 Case 1:10-vv-00728-UNJ Document 65 Filed 06/24/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_10-vv-00728-1 Date issued/filed: 2016-02-12 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 01/21/2016) regarding 73 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00728-UNJ Document 76 Filed 02/12/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-728V Filed: January 21, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED PAULA J. WILLIAMS, * * Special Master Hamilton-Fieldman Petitioner, * * Attorneys’ Fees and Costs; v. * Reasonable Amount Requested to * which Respondent Does Not Object. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Renee J. Gentry, Shoemaker, Gentry & Knickelbein, Vienna, VA, for Petitioner. Justine E. Walters, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On October 27, 2010, Paula J. Williams (“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 an influenza (“flu”) vaccination administered to her on November 7, 2008 caused her to develop Guillain-Barré Syndrome (“GBS”). Petition, at 1-2. On June 3, 2015, the undersigned issued a decision awarding compensation to Petitioner. On January 20, 2016, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $61,000.00 in 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, § 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 Case 1:10-vv-00728-UNJ Document 76 Filed 02/12/16 Page 2 of 2 attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner’s counsel represents that Petitioner has not incurred any out-of-pocket litigation costs in pursuit of her claim. The undersigned finds 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, the undersigned hereby awards the amount of $61,000.00, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Renee J. Gentry. 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/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman 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