VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00111 Package ID: USCOURTS-cofc-1_12-vv-00111 Petitioner: MARY G. MITCHELL, Also Known as NANCY MITCHELL Filed: 2014-03-14 Decided: 2014-03-14 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 43500 AI-assisted case summary: Mary G. Mitchell, also known as Nancy Mitchell, filed a petition for compensation under the National Vaccine Injury Compensation Program. This decision addresses only the award of attorneys' fees and costs. The parties filed a stipulation of fact agreeing on the amount of attorneys' fees and costs. Petitioner asserted that she incurred no out-of-pocket expenses. After respondent raised objections to the initial application for attorneys' fees and costs, petitioner amended her request to $43,500.00, which respondent did not object to. Special Master Laura D. Millman found this amount to be reasonable and awarded $43,500.00, payable jointly to the petitioner and her attorneys, Shoemaker & Associates. Judgment was to be entered unless a motion for review was filed. The decision was issued by Special Master Laura D. Millman on March 14, 2014. Petitioner was represented by Clifford J. Shoemaker, and respondent was represented by Glenn A. MacLeod. Theory of causation field: The public decision does not describe the petitioner's vaccination, alleged injury, or theory of causation. The case proceeded to a decision solely on the issue of attorneys' fees and costs. The parties filed a stipulation of fact agreeing on the amount of attorneys' fees and costs. Petitioner incurred no out-of-pocket expenses. Petitioner amended her request for attorneys' fees and costs to $43,500.00 after respondent raised objections to the initial application. Respondent did not object to the amended amount. Special Master Laura D. Millman found the amount reasonable and awarded $43,500.00, payable jointly to the petitioner and her attorneys, Shoemaker & Associates. The decision date was March 14, 2014. Petitioner's counsel was Clifford J. Shoemaker, and respondent's counsel was Glenn A. MacLeod. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00111-cl-extra-1036278 Date issued/filed: 2013-07-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 1036278 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-111V Filed: July 12, 2013 Not for Publication ************************************* MARY G. MITCHELL, * also known as NANCY MITCHELL, * * Petitioner, * Damages decision based on stipulation; * influenza vaccine; Guillain-Barré syndrome v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Clifford J. Shoemaker, Vienna, VA, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On July 12, 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 that was caused by her September 28, 2010 receipt of influenza vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s Guillain-Barré syndrome, or any other injury, was caused by flu vaccine. Nonetheless, the parties agreed to resolve this matter informally. 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. 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 petitioner a lump sum of $225,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $225,000.00 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: July 12, 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-00111-0 Date issued/filed: 2014-04-04 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/14/2014) regarding 44 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00111-UNJ Document 45 Filed 04/04/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-111V Filed: March 14, 2014 Not for Publication ************************************* MARY G. MITCHELL, Also Known as * NANCY MITCHELL, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Clifford J. Shoemaker, Vienna, VA, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On March 14, 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. On January 12, 2014, petitioner filed an application for attorneys’ fees and costs. During informal discussions, respondent raised 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-00111-UNJ Document 45 Filed 04/04/14 Page 2 of 2 objections to certain items in petitioner’s application. Based on these objections, petitioner amends her request for reimbursement for attorneys’ fees and costs to $43,500.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $43,500.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Shoemaker & Associates in the amount of $43,500.00. 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: March 14, 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