VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00892 Package ID: USCOURTS-cofc-1_11-vv-00892 Petitioner: Michael McPherson Filed: 2011-12-21 Decided: 2014-08-28 Vaccine: influenza Vaccination date: 2009-09-16 Condition: acute transverse myelitis and sequela Outcome: compensated Award amount USD: AI-assisted case summary: Michael McPherson filed a petition on December 21, 2011, seeking compensation under the National Childhood Vaccine Injury Act. He alleged that an influenza vaccination received on September 16, 2009, and/or a hepatitis B vaccination received on September 25, 2009, caused him to develop acute transverse myelitis and its sequela. The respondent is the Secretary of Health and Human Services. A decision on January 10, 2014, indicated that the petitioner received compensation based on a stipulation between the parties. The specific details of this compensation award are not available in the provided public text. Following the compensation decision, a stipulation for attorneys' fees and costs was filed on July 17, 2014. Petitioner's counsel, Michael Andrew London of Douglas & London, P.C., submitted an application requesting $12,364.18 for attorneys' fees and costs. The respondent found this application to be reasonable and did not object to the amount. Petitioner stated that he did not personally incur any out-of-pocket litigation expenses. On August 28, 2014, Special Master Christian J. Moran issued a decision awarding $12,364.18 in attorneys' fees and costs, payable jointly to Michael McPherson and his counsel, Michael Andrew London. This award was made under 42 U.S.C. § 300aa-15(e)(1). The public decision does not describe the specific clinical onset, symptoms, diagnostic tests, treatments, or the medical experts consulted. The decision notes that it is unpublished and subject to potential redaction of medical information. Theory of causation field: Petitioner Michael McPherson alleged that an influenza vaccine administered on September 16, 2009, and/or a hepatitis B vaccine administered on September 25, 2009, caused him to develop acute transverse myelitis and sequela. The case resulted in a compensation decision on January 10, 2014, based on a stipulation, with the compensation amount not detailed in the public record. Subsequently, on August 28, 2014, Special Master Christian J. Moran awarded $12,364.18 in attorneys' fees and costs to petitioner and his counsel, Michael Andrew London of Douglas & London PC, under 42 U.S.C. § 300aa-15(e)(1), as the parties stipulated to the reasonableness of the fees and costs and the respondent did not object. The public text does not specify the theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00892-cl-extra-2651895 Date issued/filed: 2014-01-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2651895 -------------------------------------------------------------------------------- IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ********************** * MICHAEL MCPHERSON, * * No. 11-892V Petitioner, * Special Master Christian J. Moran * v. * Filed: January 10, 2014 * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation; influenza vaccine; * hepatitis B vaccine; transverse Respondent. * myelitis; sequela. ********************** * Michael Andrew London, Douglas & London, P.C. New York, NY, for Petitioner; Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On January 6, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Michael Mcpherson on December 21, 2011. In his petition, Mr. McPherson alleged that the influenza vaccine, and/or the hepatitis B vaccine, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on September 16 and September 25, 2009, respectively, caused him to suffer acute transverse myelitis and sequela. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that the influenza vaccine and/or his hepatitis B vaccine caused transverse myelitis, 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 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. decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum of $200,000.00 in the form of a check payable to petitioner, Michael McPherson. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 11-892V according to this decision and the attached stipulation.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. Case 1:11-vv-00892-UNJ Document 40 Filed 01/06/14 Page 1 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) MICHAEL McPHERSON, ) ) Petitioner, ) ) No. 11-892V v. ) Special Master Moran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner, Michael McPherson, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt of the influenza vaccine and/or the Hepatitis B vaccine, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). 2. Petitioner received an influenza immunization on September 16, 2009, and a Hepatitis B vaccine on September 25, 2009. 3. The vaccines were administered within the United States. 4. Petitioner alleges that he suffered transverse myelitis as a result of the influenza vaccine and/or the Hepatitis B vaccine. Petitioner further alleges that he experienced residual effects of his condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his injuries. Case 1:11-vv-00892-UNJ Document 40 Filed 01/06/14 Page 2 of 5 6. Respondent denies that petitioner’s influenza vaccine and/or his Hepatitis B vaccine caused transverse myelitis, or any other injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $200,000.00 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). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition. 10. Petitioner and his attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 2 Case 1:11-vv-00892-UNJ Document 40 Filed 01/06/14 Page 3 of 5 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa- 15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys’ fees and litigation costs, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the influenza vaccination administered on September 16, 2009, and/or the Hepatitis B vaccination administered on September 25, 2009, as alleged by petitioner in a petition for vaccine compensation filed on or about December 21, 2011, in the United States Court of Federal Claims as petition No. 11-892V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 Case 1:11-vv-00892-UNJ Document 40 Filed 01/06/14 Page 4 of 5 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties’ settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the influenza vaccine and/or the Hepatitis B vaccine caused petitioner to develop transverse myelitis, or any other injury. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION / / / / / / / / / / 4 Case 1:11-vv-00892-UNJ Document 40 Filed 01/06/14 Page 5 of 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_11-vv-00892-1 Date issued/filed: 2014-08-28 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/21/2014) regarding 50 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00892-UNJ Document 53 Filed 08/28/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * MICHAEL MCPHERSON, * * No. 11-892V Petitioner, * Special Master Christian J. Moran * v. * Filed: July 21, 2014 * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Attorneys’ fees and costs; award * in the amount to which Respondent. * respondent does not object. * * * * * * * * * * * * * * * * * * * * * Michael Andrew London, Douglas & London, P.C. New York, NY, for Petitioner; Ann Donohue Martin, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION ON FEES AND COSTS1 On July 17, 2014, respondent filed a stipulation of fact concerning final attorneys’ fees and costs in the above-captioned matter. Previously, petitioner informally submitted a draft application requesting $12,364.18 for attorneys’ fees and costs to respondent for review. Respondent found petitioner’s application to be reasonable. The Court awards this amount. On December 21, 2011, Michael McPherson filed a petition for compensation alleging that the influenza vaccine, and/or the hepatitis B vaccine, which he received on September 16 and September 25, 2009, respectively, caused him to suffer acute transverse myelitis and sequela. Petitioner received compensation based upon the parties’ stipulation. Decision, filed Jan. 10, 2014. Because petitioner received compensation, he is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). 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-00892-UNJ Document 53 Filed 08/28/14 Page 2 of 2 Petitioner seeks a total of $12,364.18 in attorneys’ fees and costs for his counsel. Additionally, in compliance with General Order No. 9, petitioner states that he did not incur any 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 lump sum of $12,364.18 in the form of a check made payable to petitioner and petitioner’s attorney, Michael Andrew London, for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa-15(e). The Court thanks the parties for their cooperative efforts in resolving this matter. The Clerk shall enter judgment accordingly. 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