VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00600 Package ID: USCOURTS-cofc-1_12-vv-00600 Petitioner: Ashli Hernandez Starkey Filed: 2012-09-14 Decided: 2015-04-23 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: AI-assisted case summary: Ashli Hernandez Starkey filed a petition on September 14, 2012, seeking compensation under the National Vaccine Injury Compensation Program. The specific vaccine(s) and condition(s) for which compensation was sought are not detailed in the publicly available decision text. On September 25, 2014, the Respondent filed a proffer detailing an amount to be awarded to the Petitioner. Special Master Brian H. Corcoran reviewed this proffer and issued a decision finding it reasonable, thereby granting an award to the Petitioner. The exact details of this initial award are not available in the public record. Subsequently, on April 2, 2015, counsel for both the Petitioner, Michael L. Cave, Esq., and the Respondent, Gordon Shemin, filed a joint stipulation regarding attorneys' fees and costs. Special Master Corcoran reviewed this stipulation and approved the requested amount of $15,764.81 as reasonable. This amount was to be paid jointly to the Petitioner and her counsel, Michael L. Cave, Esq. The public decision does not describe the specific clinical story, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. The decision text indicates that the case was resolved via stipulation and proffer, and the specific details of the injury and causation were not elaborated upon in the provided documents. Theory of causation field: The public decision text does not state the specific vaccine(s) administered, the date(s) of vaccination, the Petitioner's age at vaccination, or the alleged condition(s). The case was resolved through a proffer filed by the Respondent on September 25, 2014, which Special Master Brian H. Corcoran found reasonable, leading to an award. Attorneys' fees and costs were stipulated by counsel for both parties on April 2, 2015, and approved by Special Master Corcoran in the amount of $15,764.81, payable jointly to Petitioner Ashli Hernandez Starkey and her counsel, Michael L. Cave, Esq. The specific theory of causation, medical experts, or evidence supporting the claim are not described in the available public text. The outcome was compensated. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00600-0 Date issued/filed: 2015-04-23 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/02/2015) regarding 51 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00600-UNJ Document 52 Filed 04/23/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-600V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ASHLI HERNANDEZ STARKEY, * * Filed: April 2, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Michael L. Cave, Baton Rouge, LA, for Petitioner Gordon Shemin, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On September 14, 2012, Ashli Hernandez Starkey filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). On September 25, 2014, Respondent filed a proffer detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the proffer to be reasonable and granting Petitioner the award outlined by the proffer. On April 2, 2015, counsel for both parties filed a joint stipulation in regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $15,764.81, in the form of a check payable to Petitioner and Petitioner’s counsel. This 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-00600-UNJ Document 52 Filed 04/23/15 Page 2 of 2 amount represents a sum to which Respondent does not object. In addition, and in compliance with General Order #9, Petitioner has represented that she 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 in the amount of $15,764.81 payable jointly to Petitioner and Petitioner’s counsel, Michael L. Cave, 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.