VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00634 Package ID: USCOURTS-cofc-1_12-vv-00634 Petitioner: Emma Adkins Filed: 2014-05-13 Decided: 2014-05-13 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 23917 AI-assisted case summary: Emma Adkins filed a petition for compensation under the National Vaccine Injury Compensation Program. This decision addresses attorneys' fees and costs. The parties filed a stipulation of fact agreeing on the amount for attorneys' fees and costs. Petitioner asserted she incurred no out-of-pocket expenses. After respondent raised objections to certain items in the application, petitioner amended her request to $23,917.32, which respondent did not object to. The Special Master found this amount to be reasonable and awarded $23,917.32 in attorneys' fees and costs, to be paid jointly to the petitioner and her attorneys, Howie Law, P.C. The clerk was directed to enter judgment accordingly. The decision was issued by Special Master Laura D. Millman on May 13, 2014. Theory of causation field: The public text does not describe the specific vaccine(s) or vaccination date(s) for Emma Adkins, nor does it detail any alleged injury or condition. The case proceeded based on a stipulation of fact regarding attorneys' fees and costs. Petitioner asserted no out-of-pocket expenses. Respondent initially raised objections to certain items in the petitioner's application for fees and costs. Petitioner amended her request to $23,917.32, which respondent did not object to. Special Master Laura D. Millman found this amount reasonable and awarded $23,917.32 for attorneys' fees and costs, payable jointly to the petitioner and Howie Law, P.C. The decision date was May 13, 2014. No medical experts or specific causation theories were discussed in the provided text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00634-cl-extra-2646423 Date issued/filed: 2013-11-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2646423 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-634V Filed: November 21, 2013 Not for Publication ************************************* EMMA ADKINS, * * Damages decision based on stipulation; Petitioner, * influenza vaccine; Guillain-Barré syndrome * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* John R. Howie, Jr., Dallas, TX, for petitioner. Traci R. Patton, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On November 20, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) that was caused by her September 26, 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 flu vaccine caused petitioner to suffer GBS or any 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 delete 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 delete such material from public access. other injury or condition. Nonetheless, the parties agreed to resolve this matter informally. 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 lump sum of $130,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $130,000.00 made payable 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.2 IT IS SO ORDERED. Dated: November 21, 2013 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-00634-0 Date issued/filed: 2014-06-03 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/13/2014) regarding 37 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00634-UNJ Document 38 Filed 06/03/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-634V Filed: May 13, 2014 Not for Publication ************************************* EMMA ADKINS, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* John R. Howie, Jr., Dallas, TX, for petitioner. Traci R. Patton, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On May 13, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with the General Order #9 requirement, petitioner asserts she did not incur any out-of-pocket expenses in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner 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-00634-UNJ Document 38 Filed 06/03/14 Page 2 of 2 amends her request for reimbursement for attorneys’ fees and costs to $23,917.32. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $23,917.32, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Howie Law, P.C. in the amount of $23,917.32. 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: May 13, 2014 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