VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00680 Package ID: USCOURTS-cofc-1_12-vv-00680 Petitioner: Debra Berland Filed: 2014-03-07 Decided: 2014-03-07 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 16000 AI-assisted case summary: Debra Berland filed a petition for compensation under the National Vaccine Injury Compensation Program. This decision addresses only attorneys' fees and costs. The parties filed a stipulation of fact agreeing on an appropriate amount for these fees and costs. Petitioner asserted no out-of-pocket expenses. After respondent raised objections to certain items in the initial application, petitioner amended her request to $16,000.00. Respondent did not object to this revised amount, and Special Master Laura D. Millman found it to be reasonable. The court awarded $16,000.00 for attorneys' fees and costs, to be paid jointly to Debra Berland and her attorneys, Samster, Konkel & Safran, S.C. Judgment was to be entered unless a motion for review was filed. The decision was issued by Special Master Laura D. Millman on March 7, 2014. Theory of causation field: The public text does not describe the specific vaccine(s) or vaccination date(s) for which Debra Berland filed a petition. The alleged condition is also not described in the public text. This decision addresses only attorneys' fees and costs, based on a stipulation of fact between the petitioner and the respondent. Petitioner asserted no out-of-pocket expenses. Petitioner initially requested an amount for attorneys' fees and costs, to which respondent raised objections. Petitioner amended her request to $16,000.00, which respondent did not object to. Special Master Laura D. Millman found the amount reasonable and awarded $16,000.00 for attorneys' fees and costs, payable jointly to petitioner Debra Berland and her attorneys, Samster, Konkel & Safran, S.C. The decision date was March 7, 2014. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00680-cl-extra-1040214 Date issued/filed: 2013-08-07 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 1040214 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-680V Filed: August 7, 2013 Not for Publication ************************************* DEBRA BERLAND, * * Petitioner, * Damages decision based on stipulation; * Tetanus-Diphtheria vaccine; shoulder v. * injury related to vaccine administration; * SIRVA SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Jerome A. Konkel, Milwaukee, WI, for petitioner. Debra A. Filteau Begley, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On August 7, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner developed pain in her left shoulder known as shoulder injury related to vaccine administration (SIRVA) at the location where she received her Tetanus-Diphtheria (DT) immunization on October 19, 2009. This condition includes, but is not limited to, petitioner’s synovitis, tendinosis, rotator cuff impingement, acromioclavicular joint arthritis, and glenohumeral chondral sloughing of the humeral head. Petitioner underwent three surgeries to alleviate her symptoms and suffered the residual effects of her injury for more than six 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. months. There is not a preponderance of evidence demonstrating that petitioner’s SIRVA was due to a factor unrelated to her DT immunization. Respondent agrees that petitioner is entitled to compensation under the terms of the Vaccine Program for her SIRVA. Accordingly, 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 $188,412.74, 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 $188,412.74 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: August 7, 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-00680-0 Date issued/filed: 2014-03-28 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/07/2014) regarding 26 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00680-UNJ Document 27 Filed 03/28/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-680V Filed: March 7, 2014 Not for Publication ************************************* DEBRA BERLAND, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Jerome A. Konkel, Milwaukee, WI, for petitioner. Debra A. Filteau Begley, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On March 7, 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 that she incurred no 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-00680-UNJ Document 27 Filed 03/28/14 Page 2 of 2 amends her request for reimbursement for attorneys’ fees and costs to $16,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $16,000.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Samster, Konkel & Safran, S.C. in the amount of $16,000.00. 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: March 7, 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