VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00123
Package ID: USCOURTS-cofc-1_13-vv-00123
Petitioner: Janis Schulman
Filed: 2013-02-15
Decided: 2014-09-30
Vaccine: influenza
Vaccination date: 2011-09-21
Condition: herpes zoster (shingles)
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Janis Schulman filed a petition on February 15, 2013, alleging that an influenza (flu) vaccination she received on September 21, 2011 caused her to develop shingles (herpes zoster). Respondent denied that the flu vaccination caused or significantly aggravated petitioner's alleged injury or any other injury.

Nonetheless, both parties agreed to a stipulation filed August 14, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $40,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Separately, the parties had previously stipulated to attorneys' fees and costs of $36,500.00, payable jointly to petitioner and her counsel, Jeffrey S. Pop of Jeffrey S. Pop & Associates. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Sep 21, 2011 → shingles (herpes zoster). Stipulation Aug 14, 2014; SM Gowen. Comp $40,000. Fees $36,500 (Pop, Jeffrey S. Pop & Associates, Beverly Hills CA). Fees stipulated early, before damages resolved. All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00123-0
Date issued/filed: 2014-07-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/20/2014) regarding 28 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00123-UNJ Document 29 Filed 07/16/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 20, 2014
* * * * * * * * * * * * * *
JANIS SCHULMAN, * UNPUBLISHED
*
Petitioner, * No. 13-123
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Attorneys’ Fees and Costs; Reasonable
* Amount Requested to Which
Respondent. * Respondent Does not Object.
*
* * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEYS’ FEES AND COSTS DECISION
1
On February 15, 2013, Janis Schulman (“petitioner”) filed a petition pursuant to
the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2006). Petitioner alleged that she suffered from herpes zoster (also known as
“shingles”) as a result of the flu vaccination she received on September 21, 2011.
Petition at 1. A 15-Week Stipulation Order was filed on May 21, 2014, and it is
anticipated that a stipulation regarding compensation will have been filed by November
2014.
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 website of the United
States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub.
L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). 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,
codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (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.
1

Case 1:13-vv-00123-UNJ Document 29 Filed 07/16/14 Page 2 of 2
On June 18, 2014, the parties filed a Stipulation of Facts Regarding Attorneys’
Fees and Costs.3 According to the stipulation, the parties stipulate to an award to
petitioner of attorneys’ fees and costs in the amount of $36,500.00. In accordance with
General Order #9, petitioner’s counsel represents that petitioner has incurred no out-of-
pocket expenses in the proceedings on this petition.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the
undersigned GRANTS the request for approval and payment of attorneys’ fees and
costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to Jeffrey S. Pop of
the law firm of Jeffrey S. Pop & Associates, in the amount of $36,500.00.
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.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 According to a representative of petitioner’s counsel’s office, the stipulated
reimbursable fees and costs represent all of the fees and costs for which petitioner’s
counsel will seek reimbursement in this case, notwithstanding the fact that the case is
not yet resolved.
4 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

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00123-1
Date issued/filed: 2014-09-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/14/2014) regarding 33 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00123-UNJ Document 37 Filed 09/30/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-123V
Filed: August 14, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
JANIS SCHULMAN, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine;
* Shingles (Herpes Zoster).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On February 15, 2013, Janis Schulman (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleges that she developed shingles (herpes zoster) as a result of an influenza vaccine
administered to her on September 21, 2011. Petition at 1.
On August 14, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccination either
caused or significantly aggravated petitioner’s alleged injury or any other injury. Nevertheless,
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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
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).
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. §§ 300aa-1 to -34 (2006) (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.
1

Case 1:13-vv-00123-UNJ Document 37 Filed 09/30/14 Page 2 of 7
the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds
the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $40,000.00, 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.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
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

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