VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00603 Package ID: USCOURTS-cofc-1_11-vv-00603 Petitioner: Lauren Farb Filed: 2011-09-20 Decided: 2015-04-21 Vaccine: Tdap Vaccination date: 2009-04-15 Condition: chronic anaphylaxis Outcome: compensated Award amount USD: AI-assisted case summary: Lauren Farb filed a petition on September 20, 2011, under the National Vaccine Injury Compensation Program, alleging that a tetanus-diphtheria-acellular-pertussis (Tdap) vaccine administered on April 15, 2009, caused her to develop chronic anaphylaxis. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. On October 29, 2014, Special Master Lisa Hamilton-Fieldman issued a decision awarding compensation to Petitioner. The details of this initial damages decision are not available in the provided public text. On March 17, 2015, Petitioner filed an application for attorneys' fees and costs, requesting a total of $67,405.33. Respondent, the Secretary of Health and Human Services, did not object to the requested fees and costs. On March 30, 2015, Special Master Hamilton-Fieldman issued a decision regarding the attorneys' fees and costs. The Special Master found that the petition was brought in good faith and that there was a reasonable basis for the claim, making an award appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1). The Special Master awarded $66,957.53, payable jointly to Petitioner Lauren Farb and her counsel, Ronald Homer of Conway, Homer & Chin-Caplan, P.C. Additionally, $447.80 was awarded, payable solely to Petitioner for personal costs incurred. The decision noted that judgment would be entered in accordance with the parties' stipulation unless a motion for review was filed. Theory of causation field: Petitioner Lauren Farb alleged that a Tdap vaccine administered on April 15, 2009, caused her to suffer from chronic anaphylaxis. The specific medical evidence, expert testimony, or mechanism of causation were not detailed in the provided public text. Special Master Lisa Hamilton-Fieldman issued a decision awarding compensation on October 29, 2014. Subsequently, on March 30, 2015, Special Master Hamilton-Fieldman awarded attorneys' fees and costs totaling $67,405.33, consisting of $66,957.53 payable jointly to Petitioner and her counsel Ronald Homer (Conway, Homer & Chin-Caplan, P.C.), and $447.80 payable solely to Petitioner. Respondent did not object to the fees and costs. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00603-0 Date issued/filed: 2014-12-03 Pages: 11 Docket text: PUBLIC DECISION (Originally filed: 10/29/2014) regarding 58 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00603-UNJ Document 62 Filed 12/03/14 Page 1 of 11 Case 1:11-vv-00603-UNJ Document 62 Filed 12/03/14 Page 2 of 11 Case 1:11-vv-00603-UNJ Document 62 Filed 12/03/14 Page 3 of 11 Case 1:11-vv-00603-UNJ Document 62 Filed 12/03/14 Page 4 of 11 Case 1:11-vv-00603-UNJ Document 62 Filed 12/03/14 Page 5 of 11 Case 1:11-vv-00603-UNJ Document 62 Filed 12/03/14 Page 6 of 11 Case 1:11-vv-00603-UNJ Document 62 Filed 12/03/14 Page 7 of 11 Case 1:11-vv-00603-UNJ Document 62 Filed 12/03/14 Page 8 of 11 Case 1:11-vv-00603-UNJ Document 62 Filed 12/03/14 Page 9 of 11 Case 1:11-vv-00603-UNJ Document 62 Filed 12/03/14 Page 10 of 11 Case 1:11-vv-00603-UNJ Document 62 Filed 12/03/14 Page 11 of 11 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_11-vv-00603-1 Date issued/filed: 2015-04-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 3/30/2015) regarding 65 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00603-UNJ Document 68 Filed 04/21/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-603V Filed: March 30, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED LAUREN FARB, * * Special Master Hamilton-Fieldman Petitioner, * * Attorneys’ Fees and Costs; v. * Reasonable Amount Requested To * Which Respondent Does Not Object. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner. Jennifer Reynaud, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On September 20, 2011, Lauren Farb (“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 a tetanus-diptheria-acellular-pertussis (“Tdap”) vaccine administered on April 15, 2009 caused her to suffer from chronic anaphylaxis. On October 29, 2014, the undersigned issued a decision awarding compensation to Petitioner. On March 17, 2015, Petitioner filed an Application for Attorneys’ Fees and Costs. Petitioner requests reimbursement for total fees and costs in the amount of $67,405.33. Petitioner represents that, of this amount, she personally incurred $447.80 in costs. See General Order Number 9 Statement, filed March 17, 2015, at 1. 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-00603-UNJ Document 68 Filed 04/21/15 Page 2 of 2 On March 27, 2015, the parties informally notified the undersigned’s chambers that Respondent has no objection to the requested fees and costs. 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 amounts seem reasonable and appropriate. Accordingly, the undersigned hereby awards the amount of $66,957.53, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Ronald Homer, of the law firm of Conway, Homer & Chin-Caplan, P.C.; and $447.80, in the form of a check made payable solely to Petitioner. 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 Hamilton-Fieldman Lisa 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