VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00763 Package ID: USCOURTS-cofc-1_11-vv-00763 Petitioner: Gregory H. Ladner Filed: 2014-11-04 Decided: 2015-06-18 Vaccine: trivalent influenza (flu) Vaccination date: 2011-10-14 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 20762 AI-assisted case summary: Gregory H. Ladner received a trivalent influenza vaccine on October 14, 2011. He alleged that he suffered immediate allergic reactions and symptoms, as well as chronic neuropathies, specifically chronic inflammatory demyelinating polyneuropathy (CIDP), caused by the vaccine. He further alleged that he suffered the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's CIDP or any other injury, and denied that his current disabilities were a sequela of a vaccine-related injury. Despite the denial, the parties agreed to resolve the matter through a stipulation. The court adopted the stipulation and awarded compensation. This included a lump sum of $2,762.31 to reimburse a lien for services rendered on behalf of petitioner, payable jointly to petitioner and the Commonwealth of Pennsylvania Bureau of Program Integrity. Additionally, a lump sum of $18,000.00 was awarded for all remaining damages. The total award for damages was $20,762.31. Subsequently, the parties filed a stipulation for attorneys' fees and costs. The court awarded $19,000.00 for attorneys' fees and costs, payable jointly to petitioner and his attorneys. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00763-0 Date issued/filed: 2014-11-25 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 11/04/2014) regarding 51 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00763-UNJ Document 52 Filed 11/25/14 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-763V Filed: November 4, 2014 Not for Publication ************************************* GREGORY H. LADNER, * * Petitioner, * Damages decision based on stipulation; * trivalent influenza (flu) vaccine; allergic v. * reaction; chronic neuropathies; chronic * inflammatory demyelinating polyneuropathy SECRETARY OF HEALTH * (CIDP) AND HUMAN SERVICES, * * Respondent. * * ************************************* Jill M. Follows, Washington, DC, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On November 4, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered “immediate allergic reactions and symptoms as well as chronic neuropathies,” including chronic inflammatory demyelinating polyneuropathy (“CIDP”), that was caused by his October 14, 2011, receipt of trivalent influenza (“flu”) vaccine. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s CIDP or any other injury, and further denies that his current disabilities are a sequela 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-00763-UNJ Document 52 Filed 11/25/14 Page 2 of 8 of a vaccine-related 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 $2,762.31, representing reimbursement of a lien for services rendered on behalf of petitioner. The award shall be in the form of a check for $2,762.31 made payable jointly to petitioner and The Commonwealth of Pennsylvania Bureau of Program Integrity Division of Third Party Liability Recovery Section P.O Box 8486 Harrisburg, PA 17105-8486 Petitioner agrees to endorse this check to the Pennsylvania Medicaid Agency; and b. a lump sum of $18,000.00, representing compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form of a check for $18,000.00 made payable to petitioner. 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: November 4, 2014 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 Case 1:11-vv-00763-UNJ Document 52 Filed 11/25/14 Page 3 of 8 Case 1:11-vv-00763-UNJ Document 52 Filed 11/25/14 Page 4 of 8 Case 1:11-vv-00763-UNJ Document 52 Filed 11/25/14 Page 5 of 8 Case 1:11-vv-00763-UNJ Document 52 Filed 11/25/14 Page 6 of 8 Case 1:11-vv-00763-UNJ Document 52 Filed 11/25/14 Page 7 of 8 Case 1:11-vv-00763-UNJ Document 52 Filed 11/25/14 Page 8 of 8 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_11-vv-00763-1 Date issued/filed: 2015-07-14 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 6/18/15) regarding 58 DECISION Fees Stipulation/Proffer. Signed by Special Master Laura D Millman. (LJG) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00763-UNJ Document 59 Filed 07/14/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-763V Filed: June 18, 2015 Not for Publication ************************************* GREGORY H. LADNER, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Jill M. Follows, Washington, DC, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On June 18, 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 General Order #9, petitioner asserts that he did not incur any costs in pursuit of his petition. On May 22, 2015, petitioner filed his application for attorneys’ fees and costs. During informal discussions, respondent raised objections to certain aspects of petitioner’s application. Based on these objections, petitioner amends his application for attorneys’ fees and 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-00763-UNJ Document 59 Filed 07/14/15 Page 2 of 2 costs to $19,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $19,000.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Law Offices of Jill Follows for $19,000.00. 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: June 18, 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