VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00395 Package ID: USCOURTS-cofc-1_11-vv-00395 Petitioner: Arthur Charles Hoffman Filed: 2014-07-18 Decided: 2014-08-28 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 27500 AI-assisted case summary: Arthur Charles Hoffman filed a petition for compensation under the National Vaccine Injury Compensation Program. The case progressed to a joint stipulation for compensation, which was decided on January 9, 2014. Subsequently, on July 16, 2014, the parties filed a joint stipulation for attorney's fees and costs. The Chief Special Master, Denise Kathryn Vowell, reviewed the stipulation and found that the petition was brought in good faith with a reasonable basis. Consequently, an award for attorney fees and costs was deemed appropriate. The court awarded a total of $27,500.00, payable jointly to Arthur Hoffman and his attorney, Michael London, to cover all legal expenses. The decision on attorney fees and costs was issued on August 28, 2014. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, or the specific clinical story. Theory of causation field: The public text does not describe the theory of causation. The case involved a petition filed by Arthur Charles Hoffman. A joint stipulation for compensation was issued on January 9, 2014. On July 16, 2014, a joint stipulation for attorney's fees and costs was filed. Chief Special Master Denise Kathryn Vowell found the petition was brought in good faith with a reasonable basis. An award of $27,500.00 for attorney fees and costs was made, payable jointly to Arthur Hoffman and his counsel, Michael London. The decision on attorney fees and costs was issued on August 28, 2014. The public text does not specify the vaccine(s), vaccination date(s), alleged condition, or provide any details regarding the mechanism of injury or expert testimony. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00395-cl-extra-2651900 Date issued/filed: 2014-01-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2651900 -------------------------------------------------------------------------------- IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 11-395V Filed: January 9, 2014 (Not for publication) **************************** ARTHUR CHARLES HOFFMAN, * * Petitioner, * v. * Stipulation; Influenza; * Brachial Neuritis; Polyneuropathy * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * **************************** DECISION ON JOINT STIPULATION1 Vowell, Chief Special Master: Arthur Charles Hoffman [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on June 16, 2011. Petitioner alleges that he suffered from brachial neuritis and/or polyneuropathy that was caused-in-fact by the influenza vaccination he received on November 15, 2009, and he further alleges that he experienced residual effects of this injury for more than six months. See Stipulation, filed Jan. 9, 2014, at ¶¶ 2, 4. Respondent denies that petitioner’s influenza vaccine is the cause of his alleged brachial neuritis or polyneuropathy. Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Nevertheless, the parties have agreed to settle the case. On January 9, 2014, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner: A lump sum of $295,000.00 in the form of a check payable to petitioner, Arthur Charles Hoffman. This amount represents compensation for all damages that would be available under § 300aa-15(a). The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.2 IT IS SO ORDERED. s/ Denise K. Vowell Denise K. Vowell Chief Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:11-vv-00395-UNJ Document 41 Filed 01/09/14 Page 1 of 5 Case 1:11-vv-00395-UNJ Document 41 Filed 01/09/14 Page 2 of 5 Case 1:11-vv-00395-UNJ Document 41 Filed 01/09/14 Page 3 of 5 Case 1:11-vv-00395-UNJ Document 41 Filed 01/09/14 Page 4 of 5 Case 1:11-vv-00395-UNJ Document 41 Filed 01/09/14 Page 5 of 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_11-vv-00395-0 Date issued/filed: 2014-08-28 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/18/2014) regarding 48 DECISION Fees Stipulation. Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00395-UNJ Document 51 Filed 08/28/14 Page 1 of 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 11-395V Filed: July 18, 2014 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ARTHUR CHARLES HOFFMAN, * Petitioner, * Stipulation; Attorney Fees v. * and Costs * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Michael London, Esq., Douglas & London, P.C., New York, NY for petitioner. Alexis Babcock, Esq., US Department of Justice, Washington, DC for respondent. 1 DECISION ON ATTORNEY FEES AND COSTS Vowell, Chief Special Master: In this case under the National Vaccine Injury Compensation Program,2 I issued a decision on January 9, 2014, that awarded compensation pursuant to the parties’ joint stipulation. On July 16, 2014, the parties filed a joint stipulation for attorney’s fees and costs. The stipulation indicates that after informal discussions concerning petitioner’s draft application for fees, petitioner now seeks an amended amount to which respondent does not object. Additionally, pursuant to General Order #9, the stipulation notes that petitioner incurred no out-of-pocket expenses. I find 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. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). Case 1:11-vv-00395-UNJ Document 51 Filed 08/28/14 Page 2 of 2 3 Accordingly, I hereby award the total $27,500.00 in the form of a check payable jointly to petitioner (Arthur Hoffman) and petitioner’s counsel of record (Michael London) for petitioner’s attorney fees and costs. The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. /s Denise K. Vowell Denise K. Vowell Chief Special Master 3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924 F.2d 1029 (Fed. Cir.1991). 4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a). 2