VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00580 Package ID: USCOURTS-cofc-1_12-vv-00580 Petitioner: Elizabeth D. Hutcheison Filed: 2014-03-05 Decided: 2014-03-26 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 64875 AI-assisted case summary: Elizabeth D. Hutcheison filed a petition under the National Vaccine Injury Compensation Program on March 5, 2014. On October 11, 2013, a decision was issued awarding compensation based on a joint stipulation between the petitioner and the Secretary of Health and Human Services. Subsequently, on March 4, 2014, the parties filed a stipulation for attorney fees and costs. The petitioner amended her fee request, and the respondent did not object. The petitioner incurred no personal litigation costs. The Chief Special Master, Denise Kathryn Vowell, found that the petition was brought in good faith with a reasonable basis for the claim, making an award for fees and costs appropriate. The total award for attorney fees and costs was $64,875.00, payable jointly to the petitioner, Elizabeth D. Hutcheison, and her counsel, Noffsinger Law, P.C. The decision was issued by Chief Special Master Vowell on March 26, 2014. Petitioner was represented by Terry R. Noffsinger, Esq., of Noffsinger Law, P.C., and respondent was represented by Ryan D. Pyles, Esq., of the U.S. Department of Justice. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, or the specific facts of the underlying claim that led to the initial compensation award. Theory of causation field: The public text does not describe the specific vaccine(s) or dates of vaccination, nor the alleged condition or theory of causation for the initial claim. The case proceeded to a decision on attorney fees and costs, filed on March 4, 2014, following an initial compensation award on October 11, 2013, based on a joint stipulation. Petitioner Elizabeth D. Hutcheison incurred no personal litigation costs. Chief Special Master Denise Kathryn Vowell found the petition was brought in good faith with a reasonable basis, awarding $64,875.00 in attorney fees and costs jointly to the petitioner and her counsel, Noffsinger Law, P.C. The decision on fees and costs was issued on March 26, 2014. Petitioner's counsel was Terry R. Noffsinger, Esq., and respondent's counsel was Ryan D. Pyles, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00580-cl-extra-2642079 Date issued/filed: 2013-10-11 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2642079 -------------------------------------------------------------------------------- IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 12-580V Filed: October 11, 2013 **************************** ELIZABETH D. HUTCHEISON, * * Petitioner, * v. * Stipulation; Influenza (Flu) Vaccine; * Transverse Myelitis (TM). * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * **************************** Terry R. Noffsinger, Esq., Noffsinger Law, P.C., Westfield, IN, for petitioner. Ryan D. Pyles, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Vowell, Chief Special Master: Elizabeth Hutcheison [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on September 10, 2012. Petitioner alleges that she suffered transverse myelitis as a result of an influenza vaccine she received on or about September 18, 2009. Stipulation, filed Oct. 11, 2013, at ¶ 2, 4. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Id. at ¶ 4. Respondent denies that petitioner’s influenza vaccination caused petitioner’s alleged transverse myelitis and/or any other injury. Id. at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Nevertheless, the parties have agreed to settle this case. On October 11, 2013, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner:  An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached Stipulation, paid to the life insurance company from which the annuity will be purchased; and  A lump sum of $458,021.00, in the form of a check payable to petitioner, Elizabeth D. Hutcheison, representing all remaining compensation for damages that would be available under § 15(a). The special master adopts the parties’ Stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Denise K. Vowell Denise K. Vowell Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00580-0 Date issued/filed: 2014-03-26 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/05/2014) regarding 36 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00580-UNJ Document 39 Filed 03/26/14 Page 1 of 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 12-580V Filed: March 5, 2014 * * * * * * * * * * * * * * * * * * * * * * * * * * * * ELIZABETH D. HUTCHEISON, * * Petitioner, * v. * Stipulation; Attorney Fees and Costs. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Terry R. Noffsinger, Esq., Noffsinger Law, P.C., Westfield, IN, for petitioner. Ryan D. Pyles, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Vowell, Chief Special Master: In this case under the National Vaccine Injury Compensation Program,2 I issued a decision on October 11, 2013, that awarded compensation pursuant to the parties’ joint stipulation. On March 4, 2014, the parties filed a stipulation for attorney fees and costs. The stipulation indicates that after informal discussions, petitioner has amended her fee request to an amount that respondent does not object. Additionally, pursuant to General Order #9, the stipulation notes that petitioner incurred no personal litigation costs. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will delete such material from public access. 2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). 1 Case 1:12-vv-00580-UNJ Document 39 Filed 03/26/14 Page 2 of 2 I find that this petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, I hereby award the total $64,875.003 in the form of a check payable jointly to petitioner (Elizabeth D. Hutcheison) and petitioner’s counsel of record (Noffsinger Law, P.C., P.O. Box 300 Westfield, IN 46074) for petitioner’s attorney fees and costs. The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/ Denise K. Vowell Denise K. Vowell Chief Special Master 3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924 F.2d 1029 (Fed. Cir.1991). 4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a). 2