VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00034 Package ID: USCOURTS-cofc-1_12-vv-00034 Petitioner: Joyce Ruth Culbertson Filed: 2014-03-26 Decided: 2014-03-26 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 24107 AI-assisted case summary: Joyce Ruth Culbertson filed a petition for compensation under the National Vaccine Injury Compensation Program. The case proceeded to a decision awarding attorneys' fees and costs based on a stipulation of fact filed by the parties on March 26, 2014. Petitioner asserted no out-of-pocket expenses. Respondent initially raised objections to certain items in the petitioner's application for fees and costs. Following these objections, the petitioner amended her request to $24,107.32. The respondent did not object to this amended amount, and the Special Master, Laura D. Millman, found it to be reasonable. The court awarded $24,107.32 in attorneys' fees and costs, to be paid by check jointly to the petitioner, Joyce Ruth Culbertson, and her attorney, Larry C. Brandt, P.A. Judgment was to be entered accordingly. The decision was issued by Special Master Laura D. Millman on March 26, 2014. Theory of causation field: The public text does not describe the specific vaccine(s) or vaccination date(s) for which compensation was sought, nor does it detail the alleged injury or condition. The case resulted in a decision awarding attorneys' fees and costs based on a stipulation of fact filed by the parties. Petitioner Joyce Ruth Culbertson asserted no out-of-pocket expenses. Respondent initially objected to certain items in the petitioner's application for fees and costs, leading the petitioner to amend her request to $24,107.32. Respondent did not object to the amended amount, which Special Master Laura D. Millman found reasonable. The award of $24,107.32 was for attorneys' fees and costs, payable jointly to the petitioner and her attorney, Larry C. Brandt, P.A. The decision date was March 26, 2014. No specific theory of causation for a vaccine injury was presented or discussed in the provided text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00034-cl-extra-2646422 Date issued/filed: 2013-11-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2646422 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-34V Filed: November 21, 2013 Not for Publication ************************************* JOYCE RUTH CULBERTSON, * * Damages decision based on stipulation; Petitioner, * influenza vaccine; Guillain-Barré syndrome * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Larry C. Brandt, Walhalla, SC, for petitioner. Linda S. Renzi, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On November 21, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) that was caused by her October 15, 2011, receipt of influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that flu vaccine caused petitioner’s GBS, or any other 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. injury, and further denies that her current disabilities are sequelae 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 $243,747.34, representing compensation for first year life care expenses ($42,695.18), pain and suffering ($177,879.01), and past unreimbursable expenses ($23,173.15). The award shall be in the form of a check for $243,747.34 made payable to petitioner; and b. an amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation. 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 21, 2013 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00034-0 Date issued/filed: 2014-04-16 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/26/2014) regarding 35 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00034-UNJ Document 36 Filed 04/16/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-34V Filed: March 26, 2014 Not for Publication ************************************* JOYCE RUTH CULBERTSON, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Larry C. Brandt, Walhalla, SC, for petitioner. Linda S. Renzi, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On March 26, 2014, 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 the General Order #9 requirement, petitioner asserts that she incurred no out-of-pocket expenses in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner 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 1:12-vv-00034-UNJ Document 36 Filed 04/16/14 Page 2 of 2 amends her request for reimbursement for attorneys’ fees and costs to $24,107.32. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $24,107.32, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Larry C. Brandt, P.A., in the amount of $24,107.32. 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: March 26, 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