VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00399 Package ID: USCOURTS-cofc-1_12-vv-00399 Petitioner: GARY R. POLING, on Behalf of J.T.P. Filed: 2014-07-14 Decided: 2014-07-14 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 26472 AI-assisted case summary: Gary R. Poling, on behalf of J.T.P., filed a petition for compensation under the National Vaccine Injury Compensation Program. The case proceeded to a decision regarding attorneys' fees and costs. On July 14, 2014, the parties filed a stipulation of fact agreeing on the amount for attorneys' fees and costs. Petitioner initially requested $26,472.37, consisting of $23,572.37 in attorneys' fees and costs and $2,900.00 for petitioner's costs. Respondent initially raised objections to certain items but did not object to the amended amount. The Special Master, Laura D. Millman, found the amount to be reasonable and awarded $23,572.37 for attorneys' fees and costs, payable jointly to petitioner and Maglio, Christopher & Toale, P.A., and $2,900.00 for petitioner's costs, payable to petitioner. Judgment was to be entered accordingly. Petitioner was represented by Anne C. Toale, and respondent was represented by Traci R. Patton. Theory of causation field: The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged injury or condition, or the theory of causation. The case resulted in a decision awarding attorneys' fees and costs based on a stipulation of fact between the petitioner, Gary R. Poling on behalf of J.T.P., and the respondent, the Secretary of Health and Human Services. The petitioner sought $26,472.37, which was amended to $23,572.37 for attorneys' fees and costs and $2,900.00 for petitioner's costs after respondent raised objections to certain items. Respondent did not object to the amended amount. Special Master Laura D. Millman found the total amount reasonable and awarded $23,572.37 jointly to the petitioner and Maglio, Christopher & Toale, P.A., and $2,900.00 to the petitioner. The decision was issued on July 14, 2014. Petitioner's counsel was Anne C. Toale, and respondent's counsel was Traci R. Patton. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00399-cl-extra-2651896 Date issued/filed: 2014-01-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2651896 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-399V Filed: January 10, 2014 Not for Publication ************************************* GARY R. POLING, on Behalf of J.T.P., * * Petitioner, * * Damages decision based on stipulation; v. * flu vaccine; Idiopathic Thrombocytopenic * Purpura SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Anne C. Toale, Sarasota, FL, for petitioner. Traci R. Patton, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On January 10, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner, on behalf of his son, alleges that J.T.P. suffered injuries that were caused by his September 26, 2011 receipt of influenza (“flu”) vaccine. He alleges that J.T.P. sustained the first symptom or manifestation of his injury within two weeks of his immunization, developed Idiopathic Thrombocytopenic Purpura (“ITP”) as sequela of this injury, and experienced the residual effects of this injury for more than six months. Respondent denies that flu vaccine caused J.T.P’s ITP and denies that J.T.P. experienced the residual effects of 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’ 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. any injury for more than six months. 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 $25,000.00. The award shall be in the form of a check for $25,000.00 made payable to petitioner as guardian/conservator of the estate of J.T.P., for the benefit of J.T.P. No payments shall be made until petitioner provides respondent with documentation establishing that he has been appointed as the guardian/conservator of J.T.P.’s estate; and b. a lump sum of $6,000.00, which amount represents compensation for past unreimbursable expenses. The award shall be in the form of a check for $6,000.00 made payable to petitioner; and c. an amount sufficient to purchase the annuity contract described in paragraph 10 in the attached stipulation. The award shall be in the form of a check made payable to the life insurance company from which the annuity will be purchased. The amounts set forth in paragraphs 8.a. and 8.b. represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). 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 10, 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00399-1 Date issued/filed: 2014-08-04 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/14/2014) regarding 41 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00399-UNJ Document 44 Filed 08/04/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-399V Filed: July 14, 2014 Not for Publication ************************************* GARY R. POLING, on Behalf of J.T.P., * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Anne C. Toale, Sarasota, FL, for petitioner. Traci R. Patton, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On July 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. Petitioner submitted his 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 amends his application for attorneys’ fees and costs to $26,472.37, consisting of $23,572.37 in attorneys’ fees and costs and $2,900.00 in petitioner’s 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-00399-UNJ Document 44 Filed 08/04/14 Page 2 of 2 costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards: a. $23,572.37, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Maglio, Christopher & Toale, P.A., in the amount of $23,572.37. b. $2,900.00, representing costs petitioner incurred in pursuit of his petition. The award shall be in the form of a check payable to petitioner in the amount of $2,900.00. 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: July 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