VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00571 Package ID: USCOURTS-cofc-1_12-vv-00571 Petitioner: Marc Laster Filed: 2014-09-03 Decided: 2015-07-28 Vaccine: influenza Vaccination date: 2012-09-05 Condition: progressive respiratory distress resulting in death Outcome: compensated Award amount USD: 75000 AI-assisted case summary: On September 3, 2014, Terri Laster, on behalf of her deceased husband Marc Laster, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Mr. Laster suffered from progressive respiratory distress resulting in death after receiving an influenza vaccine on September 5, 2012. The respondent denied that the vaccine caused Mr. Laster's death or contributed to it. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on September 2, 2014. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. The stipulation awarded a lump sum of $75,000.00, payable to Petitioner as the legal representative of the Estate of Marc Laster, as compensation for all damages. Subsequently, on February 11, 2015, the parties filed another joint stipulation regarding attorney's fees and costs. This stipulation agreed to an award of $36,985.00, payable jointly to Petitioner and Petitioner's counsel, Isaiah Richard Kalinowski. Special Master Corcoran also approved this stipulation as reasonable. The case was resolved by stipulation, with compensation awarded to the petitioner and for attorney's fees and costs. Theory of causation field: Petitioner Terri Laster, on behalf of the Estate of Marc Laster, alleged that Mr. Laster suffered progressive respiratory distress resulting in death after receiving an influenza vaccine on September 5, 2012. Respondent denied that the vaccine caused or contributed to Mr. Laster's death. The parties resolved the case by stipulation, agreeing to an award of $75,000.00 for all damages, payable to the Estate of Marc Laster. A subsequent stipulation awarded $36,985.00 for attorney's fees and costs, payable jointly to Petitioner and counsel Isaiah Richard Kalinowski. Special Master Brian H. Corcoran approved both stipulations. The specific medical mechanism or theory of causation was not detailed in the public decision, as the case was settled by stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00571-0 Date issued/filed: 2014-09-26 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 09/03/2014) regarding 42 DECISION Fees Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00571-UNJ Document 46 Filed 09/26/14 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-571V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * TERRI LASTER, on behalf of MARC * LASTER, her deceased husband, * * Petitioner, * Filed: September 3, 2014 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; * Progressive Respiratory Distress SECRETARY OF HEALTH AND * Resulting in Death HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah Richard Kalinowski, Maglio Christopher and Toale, PA (D.C.), for Petitioner. Ryan Daniel Pyles, U.S. Dep’t of Justice, Washington, D.C., for Respondent DECISION AWARDING DAMAGES1 On September 5, 2012, on behalf of the Estate of Marc Laster, Petitioner Terri Laster filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petitioner alleges that as a result of receiving the influenza (“flu”) 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. (Id.) 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, Case 1:12-vv-00571-UNJ Document 46 Filed 09/26/14 Page 2 of 8 vaccine Mr. Laster suffered from an illness involving progressive respiratory distress, resulting in his death. Respondent denies that Mr. Laster’s alleged injury and/or any other injuries were caused by his receipt of the flu vaccine. Moreover, Respondent denies that the flu immunization contributed to, or resulted in, Mr. Laster’s death. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed September 2, 2014 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: A lump sum of $75,000.00, in the form of a check payable to Petitioner as legal representative of the Estate of Marc Laster. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation ¶ 8. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly (or separately) filing a notice renouncing their right to seek review. 2 Case 1:12-vv-00571-UNJ Document 46 Filed 09/26/14 Page 3 of 8 Case 1:12-vv-00571-UNJ Document 46 Filed 09/26/14 Page 4 of 8 Case 1:12-vv-00571-UNJ Document 46 Filed 09/26/14 Page 5 of 8 Case 1:12-vv-00571-UNJ Document 46 Filed 09/26/14 Page 6 of 8 Case 1:12-vv-00571-UNJ Document 46 Filed 09/26/14 Page 7 of 8 Case 1:12-vv-00571-UNJ Document 46 Filed 09/26/14 Page 8 of 8 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00571-1 Date issued/filed: 2015-07-28 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/20/2015) Regarding 50 DECISION Fees Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00571-UNJ Document 53 Filed 07/28/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-571V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * TERRI LASTER, on behalf of MARC LASTER, * her deceased husband, * * Filed: February 20, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah Richard Kalinowski, Washington, DC, for Petitioner Ryan Daniel Pyles, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On September 5, 2012, Terri Laster filed a petition on behalf of Marc Laster, her deceased husband, seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). On September 2, 2014, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. On February 11, 2015, counsel for both parties filed another joint stipulation, this time in regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. (Id.) Case 1:12-vv-00571-UNJ Document 53 Filed 07/28/15 Page 2 of 2 receive a lump sum of $36,985.00, in the form of a check payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which respondent does not object. In addition, and in compliance with General Order #9, Petitioners have represented that they did incur any reimbursable costs in proceeding on this petition. I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, an award should be made in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Isaiah Richard Kalinowski, Esq. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.2 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.