VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00632
Package ID: USCOURTS-cofc-1_11-vv-00632
Petitioner: Vandana Bhandari
Filed: 2011-10-03
Decided: 2014-02-03
Vaccine: influenza
Vaccination date: 2010-10-25
Condition: acute disseminated encephalomyelitis
Outcome: compensated
Award amount USD: 18643

AI-assisted case summary:
Vandana Bhandari filed a petition on October 3, 2011, alleging that the trivalent influenza vaccine she received on October 25, 2010, caused her to develop acute disseminated encephalomyelitis (ADEM). The first symptom of ADEM manifested within three days of vaccination. The parties later stipulated to an award of compensation. Following this compensation award, Ms. Bhandari applied for attorneys' fees and costs. Initially, her application was for $20,507.17, but after respondent raised objections to certain items, she amended it to $18,643.98. Respondent did not object to this revised amount. The court awarded Ms. Bhandari $18,275.00 in attorneys' fees and costs, and $368.98 for out-of-pocket litigation expenses, for a total award of $18,643.98.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00632-0
Date issued/filed: 2014-02-25
Pages: 2
Docket text: PUBLIC DECISION Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:11-vv-00632-UNJ Document 57 Filed 02/25/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
VANDANA BHANDARI, *
* No. 11-632V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: February 3, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Clifford J. Shoemaker, Shoemaker and Associates, Vienna, VA, for Petitioner;
Althea W. Davis, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On January 30, 2014, respondent filed a stipulation of fact concerning final
attorney’s fees and costs in the above-captioned matter. Previously, on December
22, 2013, petitioner filed an application for $20,507.17 in attorneys’ fees and costs.
In informal discussions, respondent raised objections to certain items in
petitioner’s application. Based on subsequent discussions, petitioner amended her
application to request $18,643.98, an amount to which respondent does not object.
The Court awards this amount.
On October 3, 2011, Vandana Bhandari filed a petition for compensation
alleging that the trivalent influenza ("flu") vaccine, which she received on October
25, 2010, caused her to sustain the first symptom or manifestation of the onset of
acute disseminated encephalomyelitis (“ADEM”). Petitioner received
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:11-vv-00632-UNJ Document 57 Filed 02/25/14 Page 2 of 2
compensation based upon the parties’ stipulation. Decision, filed June 26, 2013.
Because petitioner received compensation, she is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $18,275.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred $368.98 in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
A. A lump sum of $18,275.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Clifford J. Shoemaker, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
B. A lump sum payment of $368.98 in the form of a check payable to
petitioner, Vandana Bhandari.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2