VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00566 Package ID: USCOURTS-cofc-1_12-vv-00566 Petitioner: Mania Harmitt Filed: 2015-09-30 Decided: 2016-06-27 Vaccine: influenza Vaccination date: 2009-09-18 Condition: bullous dermatitis Outcome: compensated Award amount USD: 464985 AI-assisted case summary: On September 30, 2015, Mania Harmitt filed a petition alleging that an influenza vaccine administered on September 18, 2009, caused her to develop bullous dermatitis, a skin condition, and that she suffered residual effects for more than six months. The Secretary of Health and Human Services denied that the vaccine caused the alleged injury. The parties subsequently reached a stipulation to resolve the case. On October 21, 2015, Special Master Laura D. Millman issued a decision awarding interim attorneys' fees and costs totaling $26,424.00, payable to petitioner Mania Harmitt and her counsel, Britcher Leone & Roth LLC, based on a stipulation of fact. On June 27, 2016, Special Master Millman issued a decision awarding damages based on a stipulation of the parties. The total award amounted to $464,985.20. This included a lump sum of $443,250.80 for first-year life care expenses ($13,250.80) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($430,000.00), payable to petitioner. Additionally, a lump sum of $21,734.40 was awarded to reimburse a lien for services rendered on behalf of petitioner, payable jointly to petitioner and the Treasurer, State of New Jersey Health Management Systems, Inc. The award also included an amount sufficient to purchase an annuity contract as described in the stipulation. Petitioner was represented by Mindy M. Roth and later by Clifford J. Shoemaker, and respondent was represented by Jennifer L. Reynaud. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Mania Harmitt alleged that an influenza vaccine administered on September 18, 2009, caused bullous dermatitis and residual effects lasting more than six months. Respondent denied causation. The parties stipulated to resolve the case, and Special Master Laura D. Millman awarded damages on June 27, 2016. The award included $443,250.80 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus $21,734.40 for a state lien reimbursement, and an amount for an annuity. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00566-0 Date issued/filed: 2015-10-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/30/2015) regarding 58 DECISION Fees Stipulation/Proffer, Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00566-UNJ Document 62 Filed 10/21/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-566V Filed: September 30, 2015 Not for Publication ************************************* MANIA HARMITT, * * Petitioner, * * Interim attorneys’ fees and costs decision * based on stipulation of fact * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Mindy M. Roth, Glen Rock, NJ, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING INTERIM ATTORNEYS’ FEES AND COSTS1 On September 30, 2015, the parties filed a stipulation of fact in which they agreed on an appropriate amount for interim attorneys’ fees and costs in this case. 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-00566-UNJ Document 62 Filed 10/21/15 Page 2 of 2 In accordance with the General Order #9 requirement, petitioner asserts that she did not incur any costs in pursuit of her petition. Petitioner submitted a draft application for interim attorneys’ fees and costs to respondent seeking a total of $26,424.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $26,424.00, representing reimbursement for interim attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Britcher Leone & Roth LLC in the amount of $26,424.00. 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: September 30, 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00566-1 Date issued/filed: 2016-07-28 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 06/27/2016) regarding 71 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00566-UNJ Document 76 Filed 07/28/16 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-566V Filed: June 27, 2016 Not for Publication ************************************* MANIA HARMITT, * * Petitioner, * * Damages decision based on v. * stipulation; influenza (“flu”) * vaccine; bullous dermatitis SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Clifford J. Shoemaker, Vienna, VA, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On June 27, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered from bullous dermatitis that was caused by her September 18, 2009 receipt of influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s alleged bullous dermatitis, or any other injury, was caused by flu 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’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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-00566-UNJ Document 76 Filed 07/28/16 Page 2 of 9 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 $443,250.80, representing compensation for first year life care expenses ($13,250.80), and combined lost earnings, pain and suffering, and past unreimbursable expenses ($430,000.00). The award shall be in the form of a check for $443,250.80 made payable to petitioner; and b. a lump sum of $21,734.40, representing reimbursement of a lien for services rendered on behalf of petitioner. The award shall be in the form of a check for $21,734.40, made payable jointly to petitioner and Treasurer, State of New Jersey Health Management Systems, Inc. P.O. Box 416522 Boston, MA 02241-6522 Attn: Janlyn Carter Medicaid ID No: 233046436901 Case No: 131854 Mania Harmitt Petitioner agrees to endorse this check to the State; and c. an amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation. 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: June 27, 2016 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-00566-UNJ Document 76 Filed 07/28/16 Page 3 of 9 Case 1:12-vv-00566-UNJ Document 76 Filed 07/28/16 Page 4 of 9 Case 1:12-vv-00566-UNJ Document 76 Filed 07/28/16 Page 5 of 9 Case 1:12-vv-00566-UNJ Document 76 Filed 07/28/16 Page 6 of 9 Case 1:12-vv-00566-UNJ Document 76 Filed 07/28/16 Page 7 of 9 Case 1:12-vv-00566-UNJ Document 76 Filed 07/28/16 Page 8 of 9 Case 1:12-vv-00566-UNJ Document 76 Filed 07/28/16 Page 9 of 9