VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00422 Package ID: USCOURTS-cofc-1_12-vv-00422 Petitioner: Lillian Randall Filed: 2014-04-03 Decided: 2014-04-03 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 14566 AI-assisted case summary: Lillian Randall 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 fees and costs. Petitioner's counsel, Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., initially requested a certain amount for attorneys' fees and costs. Respondent's counsel, Melonie J. McCall, raised objections to certain items in the petitioner's application during informal discussions. Based on these objections, the petitioner amended her request for reimbursement to $14,566.30. The respondent did not object to this revised amount. Special Master Laura D. Millman found the amount to be reasonable and awarded $14,566.30, representing reimbursement for attorneys' fees and costs. The award was to be paid in the form of a check made payable jointly to Lillian Randall and her attorneys, Conway, Homer & Chin-Caplan, P.C. The Special Master directed the clerk to enter judgment accordingly. Theory of causation field: The public text does not describe the specific vaccine(s) administered, the date(s) of vaccination, the petitioner's age at vaccination, or the alleged condition or injury. The case proceeded based on a stipulation of fact regarding attorneys' fees and costs. Petitioner's counsel was Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent's counsel was Melonie J. McCall. Special Master Laura D. Millman issued a decision on April 3, 2014, awarding $14,566.30 for attorneys' fees and costs, based on a joint stipulation between the parties. The award was made payable jointly to the petitioner, Lillian Randall, and her attorneys. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00422-cl-extra-2653782 Date issued/filed: 2014-01-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2653782 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-422V Filed: January 24, 2014 Not for Publication ************************************* LILLIAN RANDALL, * * Petitioner, * Damages decision based on stipulation; * trivalent influenza vaccine; neurological v. * demyelinating injury * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ronald C. Homer, Boston, MA, for petitioner. Melonie J. McCall, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On January 24, 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 neurological demyelinating injury that was caused by her November 11, 2010, receipt of trivalent influenza vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner suffered a demyelinating neuropathy, GBS, CIDP, axonal neuropathy, or any other injury that was caused by her influenza 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 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 $125,000.00, 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 $125,000.00 made payable to petitioner; and b. a lump sum of $2,244.88, representing reimbursement of a Commonwealth of Massachusetts Medicaid lien. The award shall be in the form of a check for $2,244.88 made payable jointly to petitioner and Commonwealth of Massachusetts-CRU P.O. Box 15205 Worcester, MA 01615-0205 Case Number: CRG325112 ATTN: Ms. Jean Rooney Petitioner agrees to endorse this check to the appropriate State agency. 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. 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00422-1 Date issued/filed: 2014-04-24 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/03/2014) regarding 38 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00422-UNJ Document 41 Filed 04/24/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-422V Filed: April 3, 2014 Not for Publication ************************************* LILLIAN RANDALL, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ronald C. Homer, Boston, MA, for petitioner. Melonie J. McCall, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On April 3, 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. Petitioner filed an application for attorneys’ fees and costs on March 25, 2014. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner amends her request 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-00422-UNJ Document 41 Filed 04/24/14 Page 2 of 2 for reimbursement for attorneys’ fees and costs to $14,566.30. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $14,566.30, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Conway, Homer & Chin-Caplan, P.C. in the amount of $14,566.30. 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: April 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