VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00180 Package ID: USCOURTS-cofc-1_12-vv-00180 Petitioner: Riana L. Inman Filed: 2014-09-15 Decided: 2015-02-02 Vaccine: MMR Vaccination date: Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) and/or Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 101000 AI-assisted case summary: On March 19, 2012, Amanda Strout filed a petition on behalf of her daughter, Riana L. Inman, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that Riana suffered chronic inflammatory demyelinating polyneuropathy (CIDP) and/or Guillain-Barré syndrome (GBS) and related complications as a result of receiving the measles, mumps, and rubella (MMR), hemophilus influenza (Hib), and varicella vaccines. The respondent denied that the vaccines caused Riana's condition. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on September 12, 2014. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision awarding damages. The stipulation awarded Riana a lump sum of $2,000.00, payable to Petitioner. Additionally, $75,000.00 was awarded to satisfy a Medicaid lien, payable to the Treasurer, State of Maine, C/O Cindy Boucher, Reimbursement Specialist Third Party Liability, DHHS/OMS, 11 State House Station, Augusto Station, ME 04333-0011. The decision also stated that an amount sufficient to purchase an annuity contract, as described in paragraph 10 of the stipulation, would be awarded. The decision awarding damages was issued on October 22, 2014. Subsequently, on December 17, 2014, the parties filed another stipulation regarding attorneys' fees and costs. They agreed to an award of $26,000.00 for attorneys' fees and costs, payable jointly to Petitioner and Petitioner's counsel, Randall E. Smith. Special Master Brian H. Corcoran approved this amount as reasonable. The decision regarding attorneys' fees and costs was issued on February 2, 2015, with judgment entered accordingly. The public decision does not describe Riana's specific vaccination dates, onset of symptoms, medical history, diagnostic tests, treatments, or the specific mechanism of injury. Petitioner was represented by Randall Elbert Smith of Smith, Elliott, Smith and Garmey, and Respondent was represented by Debra A. Filteau Begley of the U.S. Dep’t of Justice. Theory of causation field: Petitioner Amanda Strout, on behalf of Riana L. Inman, alleged that Riana suffered chronic inflammatory demyelinating polyneuropathy (CIDP) and/or Guillain-Barré syndrome (GBS) as a result of receiving the measles, mumps, and rubella (MMR), hemophilus influenza (Hib), and varicella vaccines. The respondent denied causation. The parties settled the case via stipulation, agreeing to an award without admitting or denying causation. Special Master Brian H. Corcoran adopted the stipulation, awarding $2,000.00 to Petitioner, $75,000.00 to satisfy a Medicaid lien, and an amount for an annuity. Attorneys' fees and costs of $26,000.00 were also awarded. The public decision does not detail the specific theory of causation, expert testimony, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00180-0 Date issued/filed: 2014-10-22 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 09/15/2014) regarding 29 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00180-UNJ Document 31 Filed 10/22/14 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-180V * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AMANDA STROUT, as mother and next friend * of RIANA L. INMAN, * Filed: September 15, 2014 * Petitioner, * Decision Awarding Damages based * on Stipulation; Measles, Mumps, and v. * rubella (“MMR”); hemophilus * influenza (“Hib”), and varicella SECRETARY OF HEALTH AND * vaccines; chronic inflammatory HUMAN SERVICES, * demyelinating polyneuropathy * (“CIDP”), Guillain-Barré Respondent. * syndrome (“GBS”) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Randall Elbert Smith, Smith, Elliott, Smith and Garmey, Saco, ME, for Petitioner. Debra A. Filteau Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On March 19, 2012, Amanda Strout filed a petition on behalf of her daughter, Riana L. Inman, seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that Riana suffered chronic inflammatory 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, 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 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under 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 whole 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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:12-vv-00180-UNJ Document 31 Filed 10/22/14 Page 2 of 10 demyelinating polyneuropathy (“CIDP”) and/or Guillain-Barré syndrome (“GBS”) and related complications as a result of receiving the measles, mumps, and rubella (“MMR”), hemophilus influenza (“Hib”), and varicella vaccines. Respondent denies that Petitioner’s CIDP and/or GBS and any related medical problems were caused by the receipt of the MMR, Hib, or varicella vaccines. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed September 12, 2014 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: A lump sum of $2,000.00, in the form of a check payable to Petitioner. A lump sum of $75,000.00, representing satisfaction of a Medicaid lien, in the form of a check payable to: Treasurer, State of Maine C/O Cindy Boucher, Reimbursement Specialist Third Party Liability, DHHS/OMS 11 State House Station Augusto Station, ME 04333-0011 These amounts represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). An amount sufficient to purchase am annuity contract as described in ¶ 10 of the attached stipulation. Stipulation ¶ 8. I approve a Vaccine Program award in the requested amount set forth above to be made 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.3 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by both (either separately or jointly) filing a notice renouncing their right to seek review. 2 Case 1:12-vv-00180-UNJ Document 31 Filed 10/22/14 Page 3 of 10 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Case 1:12-vv-00180-UNJ Document 31 Filed 10/22/14 Page 4 of 10 Case 1:12-vv-00180-UNJ Document 31 Filed 10/22/14 Page 5 of 10 Case 1:12-vv-00180-UNJ Document 31 Filed 10/22/14 Page 6 of 10 Case 1:12-vv-00180-UNJ Document 31 Filed 10/22/14 Page 7 of 10 Case 1:12-vv-00180-UNJ Document 31 Filed 10/22/14 Page 8 of 10 Case 1:12-vv-00180-UNJ Document 31 Filed 10/22/14 Page 9 of 10 Case 1:12-vv-00180-UNJ Document 31 Filed 10/22/14 Page 10 of 10 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00180-1 Date issued/filed: 2015-02-02 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/18/2014) regarding 34 DECISION Fees Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00180-UNJ Document 37 Filed 02/02/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-180V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AMANDA STROUT, as mother and next friend * of RIANA L. INMAN, * Filed: December 18, 2014 * Petitioner, * * v. * Decision; Attorneys’ * Fees & Costs SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Randall E. Smith, Smith, Elliott, Smith and Garmey, Saco, ME, for Petitioner. Debra A. Filteau Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent ATTORNEYS’ FEES AND COSTS DECISION1 On March 19, 2012, Amanda Strout filed a petition on behalf of her minor child, Riana L. Inman, seeking compensation under the National Vaccine Injury Compensation Program.2 On September 19, 2014, the parties filed a stipulation settling this case and detailing the amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner an award as outlined in the stipulation. 1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that 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 decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program comprises 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.A. ' 300aa-10 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act. Case 1:12-vv-00180-UNJ Document 37 Filed 02/02/15 Page 2 of 2 On December 17, 2014, the parties filed another stipulation, this time regarding attorneys’ fees and costs. The parties have stipulated that an award of $26,000.00 for attorneys’ fees and costs should be made, in the form of a check payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which Respondent does not object. In addition, pursuant to the Amended General Order #9, Petitioner stated that she has not personally incurred litigation costs in association with this proceeding. I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly, an award of $26,000.00 should be made in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Randall E. Smith. 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/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2