VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00698 Package ID: USCOURTS-cofc-1_12-vv-00698 Petitioner: Linda Waye Filed: 2014-08-08 Decided: 2014-09-05 Vaccine: Hepatitis B Vaccination date: Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Linda Waye filed a petition on August 8, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving the Hepatitis B vaccine. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's SIRVA or any related medical problems. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on August 8, 2014. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. The stipulation awarded Linda Waye a lump sum of $15,000.00 as compensation for all damages. This amount was to be paid via check to the Petitioner. On March 30, 2015, the parties filed a joint stipulation regarding attorney's fees and costs. They agreed that Petitioner's counsel should receive a lump sum of $31,500.00, payable jointly to Petitioner and her counsel. This amount included Petitioner's out-of-pocket costs of $4,751.67. Special Master Brian H. Corcoran approved this stipulation for attorney's fees and costs as reasonable and directed that judgment be entered accordingly. Petitioner was represented by Clifford J. Shoemaker of Shoemaker and Associates, and Respondent was represented by Glenn A. MacLeod of the U.S. Department of Justice. Theory of causation field: Petitioner Linda Waye alleged a shoulder injury related to vaccine administration (SIRVA) following a Hepatitis B vaccination. Respondent denied causation. The parties stipulated to a settlement, and Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $15,000 for all damages. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses related to the alleged injury. The theory of causation is based on the "Table" as indicated by the provided database fields, suggesting a potential alignment with vaccine injury table provisions, though the specific mechanism is not detailed in the public text. Petitioner's counsel was Clifford J. Shoemaker, and Respondent's counsel was Glenn A. MacLeod. Special Master Brian H. Corcoran issued the decision on September 5, 2014, with a subsequent decision on attorney's fees and costs on April 20, 2015, approving a total of $31,500.00 for fees and costs, including $4,751.67 in out-of-pocket expenses. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00698-0 Date issued/filed: 2014-09-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/08/2014) regarding 48 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00698-UNJ Document 51 Filed 09/05/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-698V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * LINDA WAYE, * * Filed: August 8, 2014 Petitioner, * * v. * * SECRETARY OF HEALTH * Decision by Stipulation; Damages; AND HUMAN SERVICES, * Hepatitis B (Hep B) Vaccine; Shoulder * Injury Related to Vaccine Administration Respondent. * (SIRVA) * * * * * * * * * * * * * * * * * * * * * * * * * * Clifford J. Shoemaker, Shoemaker and Associates, Vienna, VA, for Petitioner. Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 16, 2012, Linda Waye filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving the Hepatitis B (“Hep B”) vaccination. 1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 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.) 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:12-vv-00698-UNJ Document 51 Filed 09/05/14 Page 2 of 7 Respondent denies that Petitioner’s SIRVA or any related medical problems were caused by the receipt of the Hep B vaccine. Nonetheless both parties, while maintaining their above- stated positions, agreed in a stipulation August 8, 2014 that the issues before them can be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a) A lump sum of $15,000.00, in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). Stipulation ¶ 8. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioners. 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly (or separately) filing notice(s) renouncing their right to seek review. Case 1:12-vv-00698-UNJ Document 51 Filed 09/05/14 Page 3 of 7 Case 1:12-vv-00698-UNJ Document 51 Filed 09/05/14 Page 4 of 7 Case 1:12-vv-00698-UNJ Document 51 Filed 09/05/14 Page 5 of 7 Case 1:12-vv-00698-UNJ Document 51 Filed 09/05/14 Page 6 of 7 Case 1:12-vv-00698-UNJ Document 51 Filed 09/05/14 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00698-1 Date issued/filed: 2015-04-20 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/30/2015) regarding 58 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00698-UNJ Document 59 Filed 04/20/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-698V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * LINDA WAYE, * * Filed: March 30, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES , * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Clifford J. Shoemaker, Vienna, VA, for Petitioner Glen MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On October 16, 2012, Linda Waye filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). On August 8, 2014, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. On March 30, 2015, counsel for both parties filed another joint stipulation, this time in regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $31,500.00, in the form of a check payable to Petitioner and Petitioner’s 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-00698-UNJ Document 59 Filed 04/20/15 Page 2 of 2 counsel. This figure includes, (in accordance with General Order Number 9) Petitioner’s out-of pocket costs in this case, which amount to $4,751.67. The total amount of $31,500.00 represents a sum to which Respondent does not object. 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 $31,500.00 payable jointly to Petitioner and Petitioner’s counsel, Clifford J. Shoemaker, 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.