VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00893 Package ID: USCOURTS-cofc-1_11-vv-00893 Petitioner: Caleigh Marie Doenges Filed: 2011-12-21 Decided: 2014-08-11 Vaccine: HPV Vaccination date: 2009-07-30 Condition: postural orthostatic tachycardia syndrome (POTS), syncope, neurologic impairments, including a seizure disorder, physical impairments, conversion disorder, and/or other injuries Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Caleigh Marie Doenges filed a petition on December 21, 2011, alleging that a human papillomavirus (HPV/Gardasil) vaccination she received on July 30, 2009 caused her to develop postural orthostatic tachycardia syndrome (POTS), syncope, neurologic impairments including a seizure disorder, physical impairments, and conversion disorder. Respondent denied that the HPV vaccination caused any of the alleged injuries. Nonetheless, both parties agreed in a stipulation filed May 21, 2014 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $25,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On July 18, 2014, the parties filed a stipulation for attorneys' fees and costs. Special Master Dorsey awarded $65,000.00, payable jointly to petitioner and her counsel, Michael G. McLaren of Black McLaren Jones Ryland & Griffee, PC. Petitioner had not personally advanced any reimbursable costs in pursuit of her claim. Theory of causation field: HPV (Gardasil) Jul 30, 2009 → POTS + syncope + neurologic impairments (seizure disorder) + physical impairments + conversion disorder. Stipulation May 21, 2014; respondent denied causation; SM Dorsey. $25,000. Fees $65,000 (McLaren, Black McLaren Jones Ryland Griffee, Memphis TN). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00893-0 Date issued/filed: 2014-06-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/22/2014) regarding 63 DECISION of Special Master Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00893-UNJ Document 65 Filed 06/12/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-893V Filed: May 22, 2014 * * * * * * * * * * * * * * * * UNPUBLISHED CALEIGH MARIE DOENGES, * * Special Master Dorsey Petitioner, * * Joint Stipulation on Damages; v. * Human Papillomavirus (HPV) * Vaccine; Postural Orthostatic SECRETARY OF HEALTH * Tachycardia Syndrome, Syncope, AND HUMAN SERVICES, * Neurologic Impairments, Seizure * Disorder, Conversion Disorder. Respondent. * * * * * * * * * * * * * * * * * Michael G. McLaren, Black McLaren Jones Ryland & Griffee, PC, Memphis, TN, for petitioner. Gordon E. Shemin, United States Department of Justice, Washington, DC, for respondent. DECISION1 On December 21, 2011, Caleigh Doenges (“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 postural orthostatic tachycardia syndrome (POTS), syncope, neurologic impairments, including a seizure disorder, physical impairments, conversion disorder, and/or other injuries, as a result of a human papillomavirus (“HPV” or “Gardasil”) vaccine administered to her on July 30, 2009. See Petition at 1. On May 21, 2014, the parties filed a stipulation, stating that a decision should be entered 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-00893-UNJ Document 65 Filed 06/12/14 Page 2 of 7 awarding compensation. Respondent denies that the HPV immunization is the cause of any of the alleged injuries. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulated that petitioner shall receive the following compensation: A lump sum of $25,000.00, 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 ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. 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/ Nora Beth Dorsey Nora Beth Dorsey 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 Case 1:11-vv-00893-UNJ Document 65 Filed 06/12/14 Page 3 of 7 Case 1:11-vv-00893-UNJ Document 65 Filed 06/12/14 Page 4 of 7 Case 1:11-vv-00893-UNJ Document 65 Filed 06/12/14 Page 5 of 7 Case 1:11-vv-00893-UNJ Document 65 Filed 06/12/14 Page 6 of 7 Case 1:11-vv-00893-UNJ Document 65 Filed 06/12/14 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_11-vv-00893-1 Date issued/filed: 2014-08-11 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/21/2014) regarding 70 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00893-UNJ Document 73 Filed 08/11/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: July 21, 2014 * * * * * * * * * * * * * * UNPUBLISHED CALEIGH MARIE DOENGES, * No. 11-893V * Petitioner, * * Special Master Dorsey v. * * Attorneys’ Fees and Costs; SECRETARY OF HEALTH * Reasonable Amount Requested to which AND HUMAN SERVICES, * Respondent Does not Object. * Respondent. * * * * * * * * * * * * * * * Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., for petitioner. Gordon Elliot Shemin, U.S. Department of Justice, Washington, D.C., for respondent. ATTORNEYS’ FEES AND COSTS DECISION1 On December 21, 2011, Caleigh Doenges (“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 she suffered postural orthostatic tachycardia syndrome (POTS), syncope, neurologic impairments, including a seizure disorder, physical impairments, conversion disorder, and/or other injuries, as a result of a human papillomavirus (“HPV” or “Gardasil”) vaccine administered to her on July 30, 2009. See Petition at 1. On May 22 2014, a decision was entered awarding compensation to petitioner based on the parties’ stipulation. 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision 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, 116 Stat. 2899, 2913 (Dec. 17, 2002). 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 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-00893-UNJ Document 73 Filed 08/11/14 Page 2 of 2 On July 18, 2014, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of attorneys’ fees and costs in the amount of $65,000.00. In accordance with General Order #9, petitioner’s counsel represents that petitioner did not advance any reimbursable costs in pursuit of her claim. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS the request for approval and payment of attorneys’ fees and costs. Accordingly, an award should be made as follows: in the form of a check jointly payable to petitioner and to Mr. Michael McLaren of the law firm of Black McLaren Jones Ryland & Griffee, P.C., in the amount of $65,000.00. 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/Nora Beth Dorsey Nora Beth Dorsey 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