VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00082 Package ID: USCOURTS-cofc-1_13-vv-00082 Petitioner: A.A. Filed: 2014-09-17 Decided: 2014-10-14 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 26987 AI-assisted case summary: Lynnette Osorio, as the parent of her minor child A.A., filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2014. The public decision does not specify the vaccine(s) administered or the condition(s) alleged. On March 13, 2014, the parties had previously filed a stipulation detailing an award amount, which was granted by the court. On September 16, 2014, the parties filed a second stipulation regarding attorneys' fees and costs. Petitioner's counsel, Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent's counsel, Ann D. Martin of the U.S. Department of Justice, agreed that Petitioner's counsel should receive a lump sum of $26,987.78. This amount included fees and costs for current and former counsel, including Dennis J. Ellis and Abigail Williams & Associates, P.C. Special Master Brian H. Corcoran found this amount to be reasonable and approved the award. Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed. Theory of causation field: The public decision does not describe the theory of causation. The case involves Lynnette Osorio, as parent of minor A.A., filing a petition under the National Vaccine Injury Compensation Program. The parties filed a stipulation for an award amount on March 13, 2014, and a subsequent stipulation for attorneys' fees and costs on September 16, 2014. Special Master Brian H. Corcoran approved the attorneys' fees and costs stipulation, awarding a lump sum of $26,987.78 to Petitioner's counsel. The specific vaccine(s), date(s) of vaccination, alleged condition(s), and the mechanism of injury are not detailed in the provided public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00082-0 Date issued/filed: 2014-10-14 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/17/2014) regarding 40 DECISION Fees Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00082-UNJ Document 43 Filed 10/14/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-082V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * LYNNETTE OSORIO, parent of A.A., * a minor, * Filed: September 17, 2014 Petitioner, * * Decision by Stipulation; Attorneys’ v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner. Ann D. Martin, U.S. Dep’t of Justice, Washington, D.C., for Respondent. ATTORNEYS’ FEES AND COSTS DECISION1 On January 31, 2013, Lynnette Osorio, as parent of her minor child, A.A., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. On March 13, 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 September 16, 2014, counsel for both parties filed another stipulation, this time regarding attorneys’ fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $26,987.78, in the form of a check payable to Petitioner and Petitioner’s current counsel. This represents a sum to which Respondent does not object. This lump sum includes final attorneys’ fees and costs for Petitioner’s current counsel, as well as for Petitioner’s 1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of the United States Court of Federal Claims, 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 inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that 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 decision will be available to the public. Id. Case 1:13-vv-00082-UNJ Document 43 Filed 10/14/14 Page 2 of 2 former counsel, Dennis J. Ellis, and Petitioner’s other former counsel, Abigail Williams & Associates, P.C. Petitioner and Petitioner’s current counsel are responsible for making the appropriate distributions to each former counsel. I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly, an award of $26,987.78 should be made in the form of a check payable jointly to Petitioner and Petitioner’s current counsel, Ronald C. Homer, 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 each filing (either jointly or separately) a notice renouncing their right to seek review. 2