VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00391 Package ID: USCOURTS-cofc-1_12-vv-00391 Petitioner: Silvia G. Abdulrahman Filed: 2014-11-03 Decided: 2014-11-03 Vaccine: MMR Vaccination date: 2009-06-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 36000 AI-assisted case summary: Silvia G. Abdulrahman filed a petition on November 3, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her Measles-Mumps-Rubella (MMR) vaccine received on June 19, 2009. The respondent, the Secretary of Health and Human Services, denied that the MMR vaccine caused petitioner's alleged SIRVA or any other injury. Despite the respondent's denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Silvia G. Abdulrahman $36,000.00 in damages. This award represented reimbursement for all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid as a check to the petitioner. Subsequently, on May 29, 2015, the parties filed a stipulation for attorneys' fees and costs. Petitioner's counsel, Jessica W. Hayes, initially submitted an application for fees, which was amended after respondent raised objections to certain items. The amended application for attorneys' fees and costs totaled $28,192.86, which the respondent did not object to. Special Master Millman found this amount to be reasonable and awarded it, to be paid as a check jointly to the petitioner and her law firm, Murray Law Firm. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or the mechanism of injury. Theory of causation field: Petitioner Silvia G. Abdulrahman alleged that her June 19, 2009, Measles-Mumps-Rubella (MMR) vaccine caused a shoulder injury related to vaccine administration (SIRVA). The respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $36,000.00 in damages based on this stipulation. The theory of causation was based on a stipulation, and the public decision does not detail specific medical evidence, expert testimony, or a mechanism of injury beyond the general category of SIRVA. Attorneys for the petitioner were Jessica W. Hayes, and for the respondent was Claudia B. Gangi. Attorneys' fees and costs of $28,192.86 were awarded jointly to the petitioner and Murray Law Firm. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00391-0 Date issued/filed: 2014-11-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/03/2014) regarding 45 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00391-UNJ Document 52 Filed 11/24/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-391V Filed: November 3, 2014 Not for Publication ************************************* SILVIA G. ABDULRAHMAN, * * Petitioner, * * * Damages decision based on stipulation; v. * Measles-Mumps-Rubella (MMR) vaccine; * shoulder injury related to vaccine SECRETARY OF HEALTH * administration (SIRVA) AND HUMAN SERVICES, * * Respondent. * * ************************************* Jessica W. Hayes, New Orleans, LA, for petitioner. Claudia B., Gangi, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On November 3, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) that was caused by her June 19, 2009, receipt of Measles-Mumps-Rubella (“MMR”) vaccine. Respondent denies that the MMR vaccine caused petitioner’s alleged SIRVA, any other injury, or her current disabilities. 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. Case 1:12-vv-00391-UNJ Document 52 Filed 11/24/14 Page 2 of 7 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 lump sum of $36,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form of a check payable to petitioner in the amount of $36,000.00. 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: November 3, 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 Case 1:12-vv-00391-UNJ Document 52 Filed 11/24/14 Page 3 of 7 Case 1:12-vv-00391-UNJ Document 52 Filed 11/24/14 Page 4 of 7 Case 1:12-vv-00391-UNJ Document 52 Filed 11/24/14 Page 5 of 7 Case 1:12-vv-00391-UNJ Document 52 Filed 11/24/14 Page 6 of 7 Case 1:12-vv-00391-UNJ Document 52 Filed 11/24/14 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00391-1 Date issued/filed: 2015-06-19 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/29/2015) regarding 55 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00391-UNJ Document 56 Filed 06/19/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-391V Filed: May 29, 2015 Not for Publication ************************************* SILVIA G. ABDULRAHMAN, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Jessica W. Hayes, New Orleans, LA, for petitioner. Claudia B. Gangi, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On May 29, 2015, 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 an application for attorneys’ fees on May 12, 2015. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner amends her application for 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-00391-UNJ Document 56 Filed 06/19/15 Page 2 of 2 attorneys’ fees and costs to $28,192.86. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $28,192.86, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Murray Law Firm in the amount of $28,192.86. 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: May 29, 2015 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