VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00316 Package ID: USCOURTS-cofc-1_12-vv-00316 Petitioner: Jessica L. Weppler Filed: 2014-08-18 Decided: 2014-08-18 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 38000 AI-assisted case summary: Jessica L. Weppler filed a petition for compensation under the National Vaccine Injury Compensation Program on August 18, 2014. The case proceeded to a decision regarding attorneys' fees and costs. The parties filed a stipulation of fact on August 18, 2014, agreeing on an appropriate amount for attorneys' fees and costs. Petitioner asserted that she did not incur any costs in pursuit of her petition. Petitioner's application for attorneys' fees and costs was filed on July 10, 2014. The Special Master, Laura D. Millman, had previously issued an order on July 25, 2014, denying an award of fees or costs related to work performed by petitioner's expert, James F. Murphy. Following informal discussions where respondent raised objections to other items in the application, petitioner amended her application to $38,000.00. Respondent did not object to this amended amount. Special Master Millman found the amount to be reasonable and awarded $38,000.00 for attorneys' fees and costs. The award was to be paid jointly to petitioner Jessica L. Weppler and her law firm, Black, McLaren, Jones, Ryland, & Griffee, P.C. The decision directed the clerk of the court to enter judgment accordingly, unless a motion for review was filed. The decision was issued by Special Master Laura D. Millman on August 18, 2014. Petitioner's counsel was Michael G. McLaren, and respondent's counsel was Jennifer L. Reynaud. The public decision does not describe the specific vaccine(s) administered, the vaccination date(s), the alleged condition, or the clinical details of the case. Theory of causation field: The public decision does not describe the theory of causation. The case resulted in a stipulation of fact regarding attorneys' fees and costs, with an award of $38,000.00 paid jointly to petitioner Jessica L. Weppler and her law firm, Black, McLaren, Jones, Ryland, & Griffee, P.C. The decision was issued by Special Master Laura D. Millman on August 18, 2014. Petitioner's counsel was Michael G. McLaren, and respondent's counsel was Jennifer L. Reynaud. The specific vaccine(s), vaccination date(s), alleged condition, and any medical experts or clinical details are not described in the public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00316-cl-extra-2653784 Date issued/filed: 2014-01-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2653784 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-316V January 24, 2014 Not to be Published ***************************** JESSICA L. WEPPLER, * * Petitioner, * * v. * human papillomavirus vaccine; * chronic headaches; pain; fatigue; * hair loss; concentration problems; SECRETARY OF HEALTH * no persuasive evidence; petitioner AND HUMAN SERVICES, * moves for decision of dismissal * Respondent. * * ***************************** Michael G. McLaren, Memphis, TN, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION1 Petitioner filed a petition on May 15, 2012, under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10–34 (2012), alleging that human papillomavirus (“HPV”) vaccine caused her chronic headaches, pain, concentration problems, fatigue, hair loss, gastrointestinal 1 Because this decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this 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 categories listed above, the special master shall redact such material from public access. issues, numbness in her hands and feet, fainting, postural tachycardia syndrome (“POTS”), and sleeping difficulties. On January 23, 2014, petitioner filed a Motion for a Decision Dismissing the Petition, stating: “Petitioner has been unable to secure sufficient and/or persuasive evidence to prove entitlement to compensation in the Vaccine Program.” Pet’r’s Mot., at 1. In addition, petitioner states: “to proceed further would be unreasonable. . . .” Id. The undersigned grants petitioner’s motion and dismisses her case. DISCUSSION To satisfy her burden of proving causation in fact, petitioner must prove by preponderant evidence: “(1) a medical theory causally connecting the vaccination and the injury; (2) a logical sequence of cause and effect showing that the vaccination was the reason for the injury; and (3) a showing of a proximate temporal relationship between vaccination and injury.” Althen v. Sec’y of HHS, 418 F.3d 1274, 1278 (Fed. Cir. 2005). In Althen, the Federal Circuit quoted its opinion in Grant v. Secretary of Health and Human Services, 956 F.2d 1144, 1148 (Fed. Cir. 1992): A persuasive medical theory is demonstrated by “proof of a logical sequence of cause and effect showing that the vaccination was the reason for the injury[,]” the logical sequence being supported by “reputable medical or scientific explanation[,]” i.e., “evidence in the form of scientific studies or expert medical testimony[.]” Althen, 418 F.3d at 1278. Without more, “evidence showing an absence of other causes does not meet petitioner’s affirmative duty to show actual or legal causation.” Grant, 956 F.2d at 1149. Mere temporal association is not sufficient to prove causation in fact. Id. at 1148. The Vaccine Act does not permit the undersigned to rule for petitioner based on her claims alone, “unsubstantiated by medical records or by medical opinion.” 42 U.S.C. § 300aa- 13(a)(1) (2012). Petitioner admits in her Motion for a Decision Dismissing the Petition that she has been unable to secure sufficient and/or persuasive evidence to prove entitlement in this Program. In other words, petitioner has failed to make a prima facie case under Althen. Petitioner also states in her motion for a decision dismissing the petition that to proceed further would be unreasonable. The undersigned GRANTS her motion to dismiss. This petition is hereby DISMISSED. 2 CONCLUSION This case is DISMISSED. 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: January 24, 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. 3 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00316-2 Date issued/filed: 2014-09-08 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/18/2014) regarding 38 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00316-UNJ Document 41 Filed 09/08/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-316V Filed: August 18, 2014 Not for Publication ************************************* JESSICA L. WEPPLER, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Michael G. McLaren, Memphis, TN, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On August 18, 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 did not incur any costs in pursuit of her petition. Petitioner filed her application for attorneys’ fees and costs on July 10, 2014. On July 25, 2014, the undersigned issued an Order denying any award of fees or costs pertaining to work performed by petitioner’s expert, James. F. Murphy. During 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-00316-UNJ Document 41 Filed 09/08/14 Page 2 of 2 informal discussions, respondent raised objections to certain other items in petitioner’s application. Based on these objections and the July 25, 2014 Order, petitioner amends her application for attorneys’ fees and costs to $38,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $38,000.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Black, McLaren, Jones, Ryland, & Griffee, P.C. in the amount of $38,000.00. 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: August 18, 2014 s/ Laura D. Millman by Nora Beth Dorsey 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