VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00611 Package ID: USCOURTS-cofc-1_12-vv-00611 Petitioner: Gretchen Guerrero Filed: 2014-03-27 Decided: 2014-04-22 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 23625 AI-assisted case summary: Gretchen Guerrero, the petitioner, filed a petition for compensation under the National Vaccine Injury Compensation Program on March 27, 2014. The case involved a prior stipulation filed on August 8, 2013, which detailed an award amount for the petitioner. A previously assigned special master had approved this stipulation. On March 27, 2014, the parties submitted a joint stipulation specifically addressing attorneys' fees and costs. In this stipulation, they agreed that the petitioner's counsel should receive a lump sum of $23,625.54, payable to both the petitioner and her counsel. The respondent did not object to this amount. The public decision does not detail the specific vaccine(s) administered, the alleged injury, the onset of symptoms, medical examinations, treatments, or the specific mechanism of injury. Special Master Brian H. Corcoran reviewed the stipulation for attorneys' fees and costs and found the requested amount to be reasonable. The decision orders that judgment be entered in accordance with the terms of the stipulation, with the award of $23,625.54 to be paid jointly to the petitioner and her counsel, Neal J. Fialkow. The stipulation also stated that the petitioner incurred no reimbursable costs. The decision was issued on April 22, 2014. Theory of causation field: The public decision does not describe the theory of causation. The case proceeded via stipulation, with a prior stipulation on August 8, 2013, detailing an award to the petitioner, which was approved. A subsequent stipulation on March 27, 2014, addressed attorneys' fees and costs. Special Master Brian H. Corcoran approved the attorneys' fees and costs stipulation on April 22, 2014, awarding $23,625.54 jointly to petitioner Gretchen Guerrero and her counsel, Neal J. Fialkow. The specific vaccine(s), injury, medical evidence, expert testimony, or mechanism of injury were not detailed in the provided public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00611-cl-extra-1040208 Date issued/filed: 2013-08-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 1040208 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-611V (Not to be published1) ************************* * GRETCHEN GUERRERO, * * Petitioner, * Filed: August 9, 2013 * v. * Decision by Stipulation; Influenza * Vaccine; Shoulder Injury SECRETARY OF HEALTH AND * HUMAN SERVICES * * Respondent. * * ************************* DECISION HASTINGS, Special Master. This is an action seeking an award under the National Vaccine Injury Compensation Program2 on account of an injury suffered by Gretchen Guerrero. On August 8, 2013, counsel for both parties filed a Stipulation, stipulating that a decision should be entered granting compensation. The parties have stipulated that petitioner shall receive the following compensation: 1 Because this document contains an explanation for my action in this case, I intend to post this document on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Therefore, as provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party (1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, this entire document will be available to the public. Id. 2 The applicable statutory provisions defining the Program are found at 42 U.S.C. § 300aa-10 et seq. (2006 ed.). Hereinafter, for ease of citation, all "§" references will be to 42 U.S.C. (2006 ed.). ● A lump sum of $100,000.00, in the form of a check payable to petitioner, representing compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). Under the statute governing the Program, as well as the “Vaccine Rules” adopted by this court, the special master must now enter a decision endorsing that stipulation, and the clerk must enter judgment, in order to authorize payment of the award. See § 300aa-12(d)(3)(A) and (e)(3); § 300aa-13(a); Vaccine Rules 10(a), 11(a).3 I have reviewed the file, and based on that review, I conclude that the parties’ stipulation appears to be an appropriate one. Accordingly, my decision is that a Program award shall be made to petitioner in the amount set forth above. In the absence of a timely-filed motion for review of this Decision, the clerk shall enter judgment in accordance herewith. IT IS SO ORDERED. /s/ George L. Hastings, Jr. George L. Hastings, Jr. Special Master 3 The “Vaccine Rules of the United States Court of Federal Claims” are found in Appendix B of the Rules of the United States Court of Federal Claims. ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00611-0 Date issued/filed: 2014-04-22 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/27/2014) regarding 20 DECISION Fees Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00611-UNJ Document 21 Filed 04/22/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-611V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * GRETCHEN GUERRERO, * * Filed: March 27, 2014 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Neal J. Fialkow, Pasadena, CA, for Petitioner Claudia B. Gangi, Washington, DC, for Respondent ATTORNEYS’ FEES AND COSTS DECISION1 On September 17, 2012, Petitioner filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). On August 8, 2013, the parties filed a stipulation detailing an amount to be awarded to Petitioner. The special master previously assigned to this case subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. 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 published decision’s inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) permit each party 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 decision will be available to the public. Id. Case 1:12-vv-00611-UNJ Document 21 Filed 04/22/14 Page 2 of 2 On March 27, 2014, counsel for both parties filed another joint stipulation, this time in regards to attorneys’ fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $23,625.54 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 accordance with General Order #9, the stipulation includes a statement that Petitioner incurred no reimbursable costs in pursuit of his claim. I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly, an award should be made in the form of a check in the amount of $23,625.54 payable jointly to Petitioner and Petitioner’s counsel, Neal J. Fialkow. 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.