VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00814 Package ID: USCOURTS-cofc-1_12-vv-00814 Petitioner: Jay Vandegrift Filed: 2014-03-14 Decided: 2014-04-04 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 29322 AI-assisted case summary: Jay Vandegrift filed a petition under the National Vaccine Injury Compensation Program. The parties, Jay Vandegrift and the Secretary of Health and Human Services, filed a stipulation concerning attorney's fees and costs on March 13, 2014. The stipulation requested a payment of $29,322.64 for attorney's fees and costs. Petitioner's counsel was Lawrence R. Cohan. Petitioner stated he incurred no out-of-pocket expenses. Special Master Nora Beth Dorsey reviewed the stipulation and found the petition was brought in good faith with a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1). The Special Master found the stipulation reasonable and adopted it as the decision of the Court. A lump sum award of $29,322.64 for attorney's fees and costs was made, payable jointly to Jay Vandegrift and his counsel, Lawrence R. Cohan, Esq. This decision addresses only attorney's fees and costs, not the underlying vaccine injury claim. The decision was issued on April 4, 2014. Theory of causation field: The public text does not describe the specific vaccine(s) administered, the date(s) of vaccination, the petitioner's age at vaccination, or the alleged condition or injury. The case progressed to a stipulation regarding attorney's fees and costs, which was approved by Special Master Nora Beth Dorsey on April 4, 2014. The stipulation requested and was awarded $29,322.64 for attorney's fees and costs, payable jointly to petitioner Jay Vandegrift and his counsel, Lawrence R. Cohan. The Special Master found the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate. No details regarding the theory of causation, medical experts, or the underlying injury claim are present in the provided text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00814-0 Date issued/filed: 2014-04-04 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/14/2014) regarding 37 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00814-UNJ Document 40 Filed 04/04/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 14, 2014 No. 12-814V * * * * * * * * * * * * * JAY VANDEGRIFT, * UNPUBLISHED * * Special Master Dorsey * Petitioners, * Attorneys’ Fees and Costs; Decision; * Stipulation. v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for Petitioner. Julia McInerny, 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 Special Master Dorsey issued a Decision on December 13, 2013. On March 13, 2014, the parties filed a stipulation concerning attorney’s fees and costs in this matter. The parties’ 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-00814-UNJ Document 40 Filed 04/04/14 Page 2 of 2 stipulation requests a payment of $29,322.64, in attorneys’ fees and costs. In compliance with General Order # 9, Petitioner filed a statement, indicating that he incurred no out-of- pocket expenses. The undersigned finds that this petition was brought in good faith and that there exists 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). The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding attorneys’ fees and costs, on the terms set forth therein. I hereby award the lump sum of $29,322.64, for attorneys’ fees and costs, 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/Nora Beth Dorsey Nora Beth Dorsey Special Master 2