VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00103 Package ID: USCOURTS-cofc-1_11-vv-00103 Petitioner: Michael Morgan Filed: 2015-01-09 Decided: 2015-06-26 Vaccine: influenza Vaccination date: 2009-09-15 Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 261818 AI-assisted case summary: Michael Morgan filed a petition on January 9, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of receiving an influenza vaccine on September 15, 2009, and that the effects of this injury lasted for more than six months. The respondent denied that the flu vaccine caused Mr. Morgan's alleged injuries. However, both parties agreed to settle the issues through a stipulation filed on January 9, 2015. The court reviewed the stipulation and found it to be reasonable, adopting it as its decision. The stipulation awarded Mr. Morgan a lump sum of $225,000.00 for all remaining damages. Subsequently, on June 4, 2015, the parties filed another joint stipulation regarding attorney's fees and costs. They agreed that Petitioner's counsel should receive $36,818.43. The court approved this amount as reasonable and directed that judgment be entered accordingly. The total compensation awarded to Michael Morgan was $261,818.43. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00103-0 Date issued/filed: 2015-02-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/09/2015) regarding 48 DECISION Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00103-UNJ Document 49 Filed 02/02/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-103V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MICHAEL MORGAN, * Filed: January 9, 2015 * Petitioner, * * Decision by Stipulation; Damages; v. * Influenza (“Flu”) Vaccine; * Chronic Inflammatory SECRETARY OF HEALTH AND * Demyelinating Polyneuropathy HUMAN SERVICES, * (“CIDP”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner. Althea Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 18, 2011, Michael Morgan filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving the influenza (“flu”) vaccine on September 15, 2009, he suffered from Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”), and that he experienced the effects of this injury for more than six months. 1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that 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 decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program comprises 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 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act. Case 1:11-vv-00103-UNJ Document 49 Filed 02/02/15 Page 2 of 7 Respondent denies that the flu vaccine caused Petitioner’s alleged injuries or any other injury or his current condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed January 9, 2015) that the issues before them can be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $225,000.00, in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. ' 300aa-15(a). I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner. 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/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:11-vv-00103-UNJ Document 49 Filed 02/02/15 Page 3 of 7 Case 1:11-vv-00103-UNJ Document 49 Filed 02/02/15 Page 4 of 7 Case 1:11-vv-00103-UNJ Document 49 Filed 02/02/15 Page 5 of 7 Case 1:11-vv-00103-UNJ Document 49 Filed 02/02/15 Page 6 of 7 Case 1:11-vv-00103-UNJ Document 49 Filed 02/02/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_11-vv-00103-1 Date issued/filed: 2015-06-26 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/04/2015) regarding 54 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00103-UNJ Document 57 Filed 06/26/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-103V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MICHAEL MORGAN, * * Filed: June 4, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. John Caldwell, Jr., Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner Althea Walker Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On February 18, 2011, Michael Morgan filed a petition seeking compensation under the National Vaccine Injury Compensation Program. On January 9, 2015, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. On June 4, 2015, counsel for both parties filed another joint stipulation, this time in regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $36,818.43, in the form of a check payable to Petitioner and Petitioner’s 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 posted decision’s inclusion of certain kinds of confidential information. Specifically, under 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 whole decision will be available to the public. (Id.) Case 1:11-vv-00103-UNJ Document 57 Filed 06/26/15 Page 2 of 2 counsel. This amount represents a sum to which Respondent does not object. In addition, and in compliance with General Order No. 9, Petitioner has represented that he did incur any reimbursable costs in proceeding on this petition. I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, an award should be made in the form of a check in the amount of $36,818.43 payable jointly to Petitioner and Petitioner’s counsel, F. John Caldwell, Jr., Esq. 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.