VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00579 Package ID: USCOURTS-cofc-1_11-vv-00579 Petitioner: Marissa Schwartz Filed: 2015-09-16 Decided: 2015-09-17 Vaccine: human papillomavirus Vaccination date: 2008-09-13 Condition: juvenile rheumatoid arthritis, undifferentiated connective tissue disease, and/or mixed connective tissue disease Outcome: compensated Award amount USD: 77017 AI-assisted case summary: On September 16, 2015, Marissa Schwartz filed a petition alleging that she received a Tdap, meningococcal, and human papillomavirus (HPV) vaccine on September 13, 2008, and another HPV vaccine on December 18, 2008. She claimed that the HPV vaccines caused her to develop juvenile rheumatoid arthritis (JRA), undifferentiated connective tissue disease (UCTD), and/or mixed connective tissue disease (MCTD), and that she experienced residual effects for more than six months. The respondent denied that the vaccines caused her alleged injuries. The parties subsequently reached a settlement through a stipulation of fact. Special Master Laura D. Millman adopted the stipulation and awarded Marissa Schwartz compensation. The award included a lump sum of $75,000.00 for all damages, payable to the petitioner. An additional lump sum of $1,000.00 was awarded, payable jointly to the petitioner and her parents, Alan and Kathleen Schwartz, for damages. Furthermore, a lump sum of $1,017.91 was awarded to satisfy a Medicaid lien from the State of California for payments made on behalf of the petitioner. The total compensation awarded in this decision was $77,017.91. Separately, on December 16, 2015, Special Master Laura D. Millman issued a decision awarding attorneys' fees and costs based on a stipulation. The total award for attorneys' fees and costs was $82,244.39. This amount was split between petitioner's current attorney, Anne Carrión Toale of Maglio Christopher and Toale, P.A., who received $51,088.11, and her former attorney, David W. Berglund of Berglund & Johnson, who received $31,156.28. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation. Theory of causation field: Petitioner Marissa Schwartz alleged that HPV vaccines administered on September 13, 2008, and December 18, 2008, caused juvenile rheumatoid arthritis (JRA), undifferentiated connective tissue disease (UCTD), and/or mixed connective tissue disease (MCTD), with residual effects lasting more than six months. The respondent denied causation. The parties resolved the case via stipulation. Special Master Laura D. Millman awarded $77,017.91 in total compensation, including $75,000.00 for damages, $1,000.00 jointly to petitioner and parents, and $1,017.91 for a Medicaid lien. A subsequent decision on December 16, 2015, awarded $82,244.39 in attorneys' fees and costs, split between current counsel Anne Carrión Toale ($51,088.11) and former counsel David W. Berglund ($31,156.28). The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00579-0 Date issued/filed: 2015-10-08 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 09/17/2015) regarding 94 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00579-UNJ Document 99 Filed 10/08/15 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-579V Filed: September 17, 2015 Not for Publication ************************************* MARISSA SCHWARTZ, * * Petitioner, * Damages decision based on * stipulation; human papillomavirus * (“HPV”) vaccine; juvenile * rheumatoid arthritis (“JRA”); v. * undifferentiated connective tissue * disease (“UCTD”); mixed * connective tissue disease (“MCTD”) * * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Anne C. Toale, Sarasota, FL for petitioner. Ann D. Martin, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On September 16, 2015, the parties filed the attached stipulation in which they agreed to 1 Because this unpublished decision contains a reasoned explanation for the special master's action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:11-vv-00579-UNJ Document 99 Filed 10/08/15 Page 2 of 9 settle this case and described the settlement terms. Petitioner received tetanus-diptheria acellular pertussis (“Tdap”), meningococcal, and human-papillomavirus (“HPV”) vaccines on September 13, 2008. She also received an HPV vaccine on December 18, 2008. Petitioner alleges that her HPV vaccine(s) caused her to suffer juvenile rheumatoid arthritis (“JRA”), undifferentiated connective tissue disease (“UCTD”), and/or mixed connective tissue disease (“MCTD”). Petitioner further alleges that she experienced the residual effects of these injuries for more than six months. Respondent denies that petitioner’s HPV vaccine(s), or any other vaccines, caused her to suffer JRA, UCTD, MCTD, and/or any other injury. Nonetheless, the parties agreed to resolve this matter informally. The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards: a. a lump sum of $75,000.00 in the form of a check payable to petitioner representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); b. a lump sum of $1,000.00 in the form of a check payable jointly to petitioner and Alan and Kathleen Schwartz, representing compensation for damages that would be available under 42 U.S.C. § 300aa-15(a)(1)(B); and c. A lump sum of $1,017.91, representing full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of California may have against any individual as a result of any Medicaid payments the State of California has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about December 21, 2008, under Title XIX of the Social Security Act, available under 42 U.S.C § 300aa-15(g). This payment shall be made in the form of a check payable jointly to petitioner and Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 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.2 IT IS SO ORDERED. 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:11-vv-00579-UNJ Document 99 Filed 10/08/15 Page 3 of 9 Dated: September 17, 2015 s/ Laura D. Millman Laura D. Millman Special Master 3 Case 1:11-vv-00579-UNJ Document 99 Filed 10/08/15 Page 4 of 9 Case 1:11-vv-00579-UNJ Document 99 Filed 10/08/15 Page 5 of 9 Case 1:11-vv-00579-UNJ Document 99 Filed 10/08/15 Page 6 of 9 Case 1:11-vv-00579-UNJ Document 99 Filed 10/08/15 Page 7 of 9 Case 1:11-vv-00579-UNJ Document 99 Filed 10/08/15 Page 8 of 9 Case 1:11-vv-00579-UNJ Document 99 Filed 10/08/15 Page 9 of 9 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_11-vv-00579-1 Date issued/filed: 2016-01-06 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/16/2015) regarding 101 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00579-UNJ Document 104 Filed 01/06/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-579V Filed: December 16, 2015 Not for Publication ************************************* MARISSA SCHWARTZ, * * Petitioner, * * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Anne Carrión Toale, Sarasota, FL for petitioner. Ann D. Martin, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On December 15, 2015, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with the General Order #9 requirement, petitioner asserts that she did not incur any costs in pursuit of her petition. Petitioner submitted a draft application for attorneys’ 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:11-vv-00579-UNJ Document 104 Filed 01/06/16 Page 2 of 2 fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner amends her application for attorneys’ fees and costs to $82,244.39. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards: a. $51,088.11, representing reimbursement for attorneys’ fees and costs for her attorney, Anne Carrión Toale. The award shall be in the form of a check payable jointly to petitioner and Maglio Christopher and Toale, P.A., in the amount of $51,088.11; and b. $31,156.28, representing reimbursement for attorneys’ fees and costs for her former attorney, David W. Berglund. The award shall be in the form of a check payable jointly to petitioner and Berglund & Johnson in the amount of $31,156.28. 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.2 IT IS SO ORDERED. Dated: December 16, 2015 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2