VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00422
Package ID: USCOURTS-cofc-1_11-vv-00422
Petitioner: Jill Sarina
Filed: 2011-06-27
Decided: 2015-03-13
Vaccine: MMR
Vaccination date: 2008-07-29
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 418794

AI-assisted case summary:
Jill Sarina filed a petition on June 27, 2011, alleging that a measles, mumps, and rubella (MMR) vaccination she received on July 29, 2008 caused her to develop transverse myelitis.

On August 18, 2014, the parties filed a stipulation. Respondent denied that the MMR vaccination caused petitioner's transverse myelitis or any other injury. Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $418,793.68, representing compensation for first-year life care expenses ($168,793.68) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($250,000.00), as well as an annuity to fund future life care. An additional $1,760.30 was awarded for reimbursement of the State of Ohio's Medicaid lien.

On February 20, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Hamilton-Fieldman awarded $21,763.08, payable jointly to petitioner and her counsel, Chester D. Hayes. Petitioner had not personally incurred any costs in pursuing her claim.

Theory of causation field:
MMR July 29, 2008 → TM. Joint stipulation Aug 18, 2014; respondent denied causation; SM Hamilton-Fieldman. Lump sum $418,793.68 (Y1 life care $168,793.68 + combined lost earnings/pain/suffering/past $250,000) + annuity (future life care; purchase amount not in available text). Ohio Medicaid lien $1,760.30. Fees $21,763.08 (Hayes).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00422-0
Date issued/filed: 2014-09-09
Pages: 12
Docket text: PUBLIC DECISION (Originally filed: 08/18/2014) regarding 41 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00422-UNJ Document 42 Filed 09/09/14 Page 1 of 12
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-422V
(E-Filed: August 18, 2014)
* * * * * * * * * * * * * * *
JILL SARINA, * UNPUBLISHED
*
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Measles, Mumps, Rubella (“MMR”)
SECRETARY OF HEALTH AND * Vaccine; Transverse Myelitis (“TM”)
HUMAN SERVICES, * Decision; Stipulation.
*
Respondent. * .
* * * * * * * * * * * * * * *
Chester Daniel Hayes, Hayes Law Office, Pataskala, OH, for Petitioner.
Jennifer R. Reynaud, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 27, 2011, Petitioner, Jill Sarina, filed a petition seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).
Petitioner alleged that the administration of a measles, mumps, and rubella vaccination
(“MMR”), administered on July 29, 2008, caused Petitioner to suffer transverse myelitis
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends 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)). 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.” Otherwise, “the entire”
decision will be available to the public. Id.
1

Case 1:11-vv-00422-UNJ Document 42 Filed 09/09/14 Page 2 of 12
(“TM”).2
Respondent denies that Petitioner’s MMR vaccination caused Petitioner’s TM
and/or any other injury. Nonetheless, both parties, while maintaining their above stated
positions, agreed in a Stipulation, filed August 18, 2014, (“Stipulation”) that the issues
before them can be settled and that a decision should be entered awarding Petitioner
compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $418,793.68, which amount represents compensation for first year
life care expenses ($168,793.68), and combined lost earnings, pain and suffering,
and past expenses ($250,000.00), in the form of a check payable to Petitioner;
Stipulation ¶ 8(a)
A lump sum of $1,760.30, which amount represents reimbursement of a State of
Ohio Medicaid lien, in the form of a check payable jointly to Petitioner and
Treasurer, State of Ohio
350 Worthington Rd, Suite G
Westerville, Ohio 43082
Attn: Ms. Jeanny Blackledge
Case Number: 985355
Petitioner agrees to endorse this payment to the State;
Stipulation ¶ 8(b)
An amount sufficient to purchase the annuity contract described in paragraph 10 of
the Stipulation, paid to the life insurance company from which the annuity will be
purchased (the “Life Insurance Company”). This represents all damages available
under 42 U.S.C. §300aa-15(a) to which Petitioner would be entitled
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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
(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.
2

Case 1:11-vv-00422-UNJ Document 42 Filed 09/09/14 Page 3 of 12
Stipulation ¶ 8(c)
The undersigned approves the requested amounts for Petitioner’s compensation.
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/Lisa D. Hamilton-Fieldman
Lisa D. 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.
3

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00422-1
Date issued/filed: 2015-03-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/20/2015) regarding 46 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:11-vv-00422-UNJ Document 47 Filed 03/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-422
Filed: February 20, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
JILL SARINA, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable Amount
* Requested to which Respondent Does Not
SECRETARY OF HEALTH * Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Chester D. Hayes, Hayes Law Offices, Pataskala, OH, for Petitioner.
Jennifer L. Reynaud, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On June 27, 2011, Jill Sarina (“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 transverse myelitis as a result of a measles, mumps, and rubella (“MMR”) vaccination administered
to her on July 29, 2008. On August 18, 2014, the undersigned issued a decision awarding compensation.
On February 20, 2015, the parties filed a stipulation regarding attorneys’ fees and costs.
The parties have agreed to an award of $21,763.08 for attorneys’ fees and costs. In accordance with
General Order Number 9, Petitioner represents that she has not personally incurred any expenses 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.
1 The undersigned intends to post this unpublished 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 Vaccine Rule
18(b), each party has 14 days within which to file a motion for redaction “of any information furnished by
that party (1) that is trade secret or commercial or financial information and is privileged or confidential,
or (2) that are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” In the absence of such motion, 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-00422-UNJ Document 47 Filed 03/13/15 Page 2 of 2
Accordingly, the undersigned hereby awards the amount of $21,763.08, in the form of a check made
payable jointly to Petitioner and Petitioner’s counsel, Chester D. Hayes.
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 D. Hamilton-Fieldman
Lisa D. 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