VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00807 Package ID: USCOURTS-cofc-1_12-vv-00807 Petitioner: Francis Rapa Filed: 2012-01-01 Decided: 2014-04-11 Vaccine: Vaccination date: Condition: Outcome: denied Award amount USD: AI-assisted case summary: Francis Rapa filed a petition under the National Vaccine Injury Compensation Program. Special Master Lisa Hamilton-Fieldman issued a decision on October 22, 2013, which is not available in the staging record. On March 20, 2014, the parties filed a stipulation for attorneys' fees and costs. Special Master Hamilton-Fieldman found that the petition was brought in good faith and that there was a reasonable basis for the claim. Accordingly, the Special Master awarded $30,000.00 in fees and costs, payable jointly to the petitioner and his counsel, Lawrence R. Cohan of Anapol, Schwartz. This award was made under 42 U.S.C. § 300aa-15(b) and (e)(1), indicating that the underlying decision did not award compensation to the petitioner. Theory of causation field: The public text does not describe the petitioner's alleged condition, vaccination details, or the specific theory of causation. The Special Master's decision on October 22, 2013, which would likely contain these details, is not available in the staging record. The available text pertains solely to a stipulation for attorneys' fees and costs. Special Master Lisa Hamilton-Fieldman awarded $30,000.00 in fees and costs on March 20, 2014, finding the petition was brought in good faith with a reasonable basis, under 42 U.S.C. § 300aa-15(b) and (e)(1), indicating a non-prevailing petitioner status. Petitioner's counsel was Lawrence R. Cohan of Anapol, Schwartz. Respondent's counsel was Glenn MacLeod of the United States Department of Justice. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00807-cl-extra-2642836 Date issued/filed: 2013-10-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2642836 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-807V (E-Filed: October 22, 2013) * * * * * * * * * * * * * * * FRANCIS RAPA, * UNPUBLISHED * Petitioner, * Special Master * Hamilton-Fieldman v. * * Influenza Vaccination; SECRETARY OF HEALTH AND * Chronic Inflammatory Demyelinating HUMAN SERVICES, * Polyneuropathy; Decision; Stipulation. * Respondent. * * * * * * * * * * * * * * * * Lawrence R. Cohan, Philadelphia, PA, for Petitioner. Glenn MacLeod, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 26, 2012, Petitioner, Francis Rapa, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). Petitioner alleged that he suffered chronic inflammatory demyelinating polyneuropathy, as a result of receiving an influenza vaccination.2 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to 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 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 entire” 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, 1 Respondent denies that Petitioner’s influenza vaccination caused Petitioner’s chronic inflammatory demyelinating polyneuropathy, and/or any other injury. Nonetheless, both parties, while maintaining their above stated positions, agreed in a Stipulation, filed October 22, 2013, (“Stipulation”) that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The stipulation awards: A lump sum of $200,000.00 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) to which Petitioner would be entitled. Stipulation ¶ 8. The undersigned approves the requested amounts for Petitioner’s compensation. 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/Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties= joint filing of notice renouncing the right to seek review. 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00807-0 Date issued/filed: 2014-04-11 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/20/2014) regarding 32 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00807-UNJ Document 35 Filed 04/11/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-807V (E-Filed: March 20, 2014) * * * * * * * * * * * * * * * FRANCIS RAPA, * UNPUBLISHED * Petitioner, * Special Master * Hamilton-Fieldman v. * * Decision on Attorneys’ Fees and Costs. SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * . * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for Petitioner. Glenn MacLeod, United States Department of Justice, Washington, DC, for Respondent. DECISION1 (ATTORNEY FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,2 the undersigned issued a decision on October 22, 2013. On March 20, 2014, the parties filed a stipulation concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a total payment of $30,000.00, representing attorney’s fees and costs. 1 The undersigned intends to 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 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, “the entire” decision 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). 1 Case 1:12-vv-00807-UNJ Document 35 Filed 04/11/14 Page 2 of 2 I find that this petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, I hereby award the total $30,000.00, as a lump sum in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Lawrence R. Cohan, Esq. In the absence of a timely-filed motion for review filed pursuant to Appendix B of the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment in accordance herewith. IT IS SO ORDERED. s/Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master 2