VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00218 Package ID: USCOURTS-cofc-1_11-vv-00218 Petitioner: Janelle Campbell Filed: 2011-04-08 Decided: 2015-03-20 Vaccine: HPV Vaccination date: 2008-04-11 Condition: systemic lupus erythematous (SLE) and a midbrain stroke Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Janelle Campbell filed a petition on April 8, 2011, alleging that human papillomavirus (HPV) vaccinations she received on April 11, 2008 and June 16, 2008 caused her to develop systemic lupus erythematosus (SLE) and a midbrain stroke, with residual effects lasting more than six months. On December 23, 2014, the parties filed a joint stipulation. Respondent denied that petitioner's SLE, midbrain stroke, or any other condition was caused by the HPV vaccinations. Nevertheless, the parties agreed to resolve the case through stipulation, and Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $25,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On February 19, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Dorsey awarded $42,000.00, payable jointly to petitioner and her counsel, Lawrence R. Cohan, of Anapol Schwartz. Petitioner had not personally incurred any costs in pursuing her claim. Theory of causation field: HPV vaccines Apr 11 + Jun 16, 2008 → SLE + midbrain stroke. Joint stipulation Dec 23, 2014; respondent denied causation; SM Dorsey. $25,000. Fees $42,000 (SM Dorsey Feb 19, 2015). All DB fields correct. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00218-0 Date issued/filed: 2015-03-13 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/19/2015) regarding 82 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00218-UNJ Document 85 Filed 03/13/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 19, 2015 * * * * * * * * * * * * * * UNPUBLISHED JANELLE CAMPBELL, * No. 11-218V * Petitioner, * * Special Master Dorsey v. * * Attorneys’ Fees and Costs; SECRETARY OF HEALTH * Reasonable Amount Requested to which AND HUMAN SERVICES, * Respondent Does not Object. * Respondent. * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for petitioner. Debra Filteau Begley, United States Department of Justice, Washington, DC, for respondent. ATTORNEYS’ FEES AND COSTS DECISION1 On April 8, 2011, Janelle Campbell (“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 systemic lupus erythematous (“SLE”) and a midbrain stroke, as a result of human papillomavirus (“HPV”) vaccinations she received on April 11, 2008, and June 16, 2008. See Petition at preamble, ¶3. On December 29, 2014, the undersigned entered a decision awarding compensation to petitioner based on a joint stipulation filed by the parties. 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 1:11-vv-00218-UNJ Document 85 Filed 03/13/15 Page 2 of 2 On February 19, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of attorneys’ fees and costs in the amount of $42,000.00. In accordance with General Order #9, petitioner’s counsel states that petitioner did not personally incur any costs in pursuit of her claim. 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 of Anapol Schwartz, in the amount of $42,000.00. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_11-vv-00218-1 Date issued/filed: 2015-03-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/29/2014) regarding 74 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00218-UNJ Document 86 Filed 03/20/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-218V Filed: December 29, 2014 * * * * * * * * * * * * * * * * UNPUBLISHED JANELLE CAMPBELL, * * Petitioner, * Special Master Dorsey * v. * * Joint Stipulation on Damages; SECRETARY OF HEALTH * Human Papillomavirus (HPV) AND HUMAN SERVICES, * vaccine; systemic lupus * erythematosis (SLE); midbrain Respondent. * stroke. * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for petitioner. Debra Filteau Begley, United States Department of Justice, Washington, DC, for respondent. DECISION1 On April 8, 2011, Janelle Campbell (“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 systemic lupus erythematous (“SLE”) and a midbrain stroke, as a result of human papillomavirus (“HPV”) vaccinations she received on April 11, 2008, and June 16, 2008. See Petition at preamble, ¶3. Petitioner further alleged that she experienced the residual effects of these injuries for more than six months. 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 1:11-vv-00218-UNJ Document 86 Filed 03/20/15 Page 2 of 7 On December 23, 2014, the parties filed a stipulation, stating that a decision should be entered awarding compensation. Respondent denies that petitioner’s SLE and/or midbrain stroke, or any other condition, was caused-in-fact by her HPV 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 lump sum of $25,000.00, in the form of a check payable to petitioner. This amount 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/ 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 Case 1:11-vv-00218-UNJ Document 86 Filed 03/20/15 Page 3 of 7 Case 1:11-vv-00218-UNJ Document 86 Filed 03/20/15 Page 4 of 7 Case 1:11-vv-00218-UNJ Document 86 Filed 03/20/15 Page 5 of 7 Case 1:11-vv-00218-UNJ Document 86 Filed 03/20/15 Page 6 of 7 Case 1:11-vv-00218-UNJ Document 86 Filed 03/20/15 Page 7 of 7