VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00708
Package ID: USCOURTS-cofc-1_11-vv-00708
Petitioner: Jessica Hubina
Filed: 2011-10-26
Decided: 2015-03-09
Vaccine: meningococcal
Vaccination date: 2008-11-20
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Jessica Hubina, a minor, filed a petition on October 26, 2011, on behalf of her daughter, Jessica Hubina, alleging that the meningococcal and influenza vaccines administered on November 20, 2008, caused acute disseminated encephalomyelitis (ADEM). The petition was later amended on November 27, 2012, to allege transverse myelitis (TM) as the vaccine-related injury. The respondent denied that the vaccines caused TM or any other injury. The parties, represented by Michael London and Jennifer Reynaud for the petitioner and respondent, respectively, entered into a joint stipulation for compensation. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the court's decision. The stipulation awarded Jessica Hubina a lump sum payment of $50,000.00, payable to Petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on February 12, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Hamilton-Fieldman found that the petition was brought in good faith with a reasonable basis, making an award appropriate. The parties agreed to an award of $20,000.00 in attorneys' fees and costs, payable jointly to Petitioner and Petitioner's counsel, Michael London of Douglas & London, P.C. Judgment was to be entered accordingly.

Theory of causation field:
Petitioner alleged that the meningococcal and influenza vaccines, administered on November 20, 2008, caused acute disseminated encephalomyelitis (ADEM), later amended to transverse myelitis (TM). The respondent denied causation. The case proceeded via joint stipulation, and the Special Master adopted the stipulation as the decision of the court. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical findings. The award was based on a stipulation for compensation, with a lump sum of $50,000.00 for all damages. A subsequent stipulation addressed attorneys' fees and costs, awarding $20,000.00 jointly to Petitioner and counsel Michael London. Special Master Lisa Hamilton-Fieldman presided over both decisions, dated April 28, 2014, and March 9, 2015, respectively. The theory of causation was based on the Vaccine Injury Table, as indicated by the initial filing and the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00708-0
Date issued/filed: 2014-05-20
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/28/2014) regarding 38 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:11-vv-00708-UNJ Document 39 Filed 05/20/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
E-Filed: April 28, 2014
* * * * * * * * * * * * * * *
JESSICA HUBINA *
* No.11-708V
*
Petitioner, * Stipulation;
* Meningococcal and
v. * Influenza Vaccines;
* Transverse Myelitis
SECRETARY OF THE DEPARTMENT *
OF HEALTH AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Michael London,
Jennifer Reynaud
New York, NY, for Petitioner
, Washington, DC, for R espondent
UNPUBLISHED DECISION1
On April 24, 2014, Respondent filed a joint stipulation concerning the
petition for compensation filed by Lisa Hubina, on behalf of her minor child,
Jessica, on October 26, 2011.2 In her petition, Petitioner alleged that the
1 Because this unpublished decision contains a reasoned explanation for the
u n d e r s i g n e d ’ s a c t i o n i n t h i s case, the undersigned intends to post this order 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.” Vaccine Rule 18(b). Otherwise, “the entire”
order will be available to the public. Id.
2 The undersigned issued an order re-captioning the case to reflect Jessica
Hubina as the proper Petitioner on December 22, 2013.

Case 1:11-vv-00708-UNJ Document 39 Filed 05/20/14 Page 2 of 8
meningococcal and influenza vaccines, which are contained in the Vaccine Injury
Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on November
20, 2008, caused her to develop acute disseminated encephalomyelitis (ADEM).
Petitioner filed an amended petition on November 27, 2012, alleging transverse
myelitis (TM) as her vaccine-related injury. Petitioner represents that there has
been no prior award or settlement of a civil action for damages on behalf as a
result of Ms. Hubina’s alleged vaccine-related injury. Stipulation at ¶¶ 2, 4, 5.
Respondent denies that either the influenza or meningococcal vaccines
caused Ms. Hubina to suffer TM or any other injury. Nevertheless, the parties
agree to the joint stipulation, attached hereto as Appendix A. The undersigned
finds said stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
8. A lump sum payment of $50,000.00 in the form of a check
payable to Petitioner. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-
15(a).
Stipulation at ¶8.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 11-708V according to this decision
and the attached stipulation.3
Any questions may be directed to my law clerk, Camille Collett, at (202)
357-6361.
IT IS SO ORDERED.
s/Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 P u r s u a n t t o V a c c i n e R u l e 1 1 ( a ) , t h e p a r t i e s c a n e x p e d i t e e n t r y o f j u d g m e n t
by each party filing a notice renouncing the right to seek review by a United States
Court of Federal Claims judge.

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00708-1
Date issued/filed: 2015-03-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/13/2015) regarding 46 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:11-vv-00708-UNJ Document 47 Filed 03/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-708
Filed: February 13, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
JESSICA HUBINA, *
* 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. *
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael A. London, Douglas & London, P.C., New York, NY, for Petitioner.
Jennifer Reynaud, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 26, 2011, Jessica Hubina (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleges that she
suffered from acute disseminated encephalomyelitis (“ADEM”) as a result of an influenza (“flu”) vaccine
and/or a meningococcal vaccine administered to her on November 20, 2008. On April 28, 2014, the
undersigned issued a decision awarding compensation to Petitioner.
On February 12, 2015, the parties filed a stipulation regarding attorneys’ fees and costs.
The parties have agreed to an award of $20,000.00 in 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
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-00708-UNJ Document 47 Filed 03/09/15 Page 2 of 2
U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate.
Accordingly, the undersigned hereby awards the amount of $20,000.00, in the form of a check made
payable jointly to Petitioner and Petitioner’s counsel, Michael London, of the law firm of Douglas
& London, P.C.
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