VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00758 Package ID: USCOURTS-cofc-1_12-vv-00758 Petitioner: Angela Patten Filed: 2014-04-03 Decided: 2014-04-03 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 13362 AI-assisted case summary: Angela Patten 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 fees and costs. Petitioner stated she incurred no out-of-pocket expenses. Petitioner initially filed an application for attorneys' fees and costs on March 17, 2014. During informal discussions, respondent raised objections to certain items in the application. Based on these objections, petitioner amended her request for reimbursement for attorneys' fees and costs to $13,362.86. Respondent did not object to this revised amount. Special Master Laura D. Millman found the amount to be reasonable and awarded $13,362.86 in attorneys' fees and costs. The award was to be paid by check jointly to petitioner Angela Patten and her attorneys, Conway, Homer & Chin-Caplan, P.C. The decision was issued on April 3, 2014, and judgment was to be entered unless a motion for review was filed. The public decision was issued on April 24, 2014. Theory of causation field: The public text does not describe the specific vaccine(s) or the alleged injury for which the petition was filed. The case proceeded to a decision on attorneys' fees and costs based on a stipulation of fact. Petitioner Angela Patten sought reimbursement for attorneys' fees and costs, initially filing an application on March 17, 2014. Respondent raised objections to certain items, leading petitioner to amend her request to $13,362.86. Respondent did not object to the amended amount. Special Master Laura D. Millman found the amount reasonable and awarded $13,362.86, payable jointly to petitioner and her attorneys, Conway, Homer & Chin-Caplan, P.C. The decision date was April 3, 2014. No specific medical theory of causation or expert testimony is described in the public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00758-cl-extra-2648187 Date issued/filed: 2013-12-11 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2648187 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-758V Filed: December 11, 2013 Not for Publication ************************************* ANGELA PATTEN, * * Damages decision based on stipulation; Petitioner, * trivalent influenza vaccine; gastroparesis * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ronald C. Homer, Boston, MA, for petitioner. Melonie J. McCall, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On December 9, 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 gastroparesis that was caused by her November 17, 2009 receipt of trivalent influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner suffered gastroparesis or any other injury that was caused by her flu vaccination. Nonetheless, the parties agreed to resolve this matter 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. 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 $60,000.00, 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 $60,000.00 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: December 11, 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-00758-0 Date issued/filed: 2014-04-24 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/03/2014) regarding 30 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00758-UNJ Document 33 Filed 04/24/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-758V Filed: April 3, 2014 Not for Publication ************************************* ANGELA PATTEN, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ronald C. Homer, Boston, MA, for petitioner. Melonie J. McCall, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On April 3, 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 filed a statement asserting that she incurred no out-of-pocket expenses in pursuit of her petition. Petitioner filed an application for attorneys’ fees and costs on March 17, 2014. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these 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-00758-UNJ Document 33 Filed 04/24/14 Page 2 of 2 objections, petitioner amends her request for reimbursement for attorneys’ fees and costs to $13,362.86. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $13,362.86, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Conway, Homer & Chin-Caplan, P.C. in the amount of $13,362.86. 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: April 3, 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