VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00225 Package ID: USCOURTS-cofc-1_13-vv-00225 Petitioner: Woodrow Coffey, Jr. Filed: 2013-03-29 Decided: 2014-12-17 Vaccine: influenza Vaccination date: 2010-09-29 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 200000 AI-assisted case summary: On March 29, 2013, Woodrow Coffey, Jr. filed a petition under the National Childhood Vaccine Injury Act, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on September 29, 2010. Mr. Coffey died on January 13, 2014. His wife, Peggy A. Coffey, was substituted as the personal representative of his estate and as the petitioner on May 6, 2014. An amended petition was filed on June 3, 2014, alleging that Mr. Coffey suffered GBS as a consequence of his flu immunization, which led to his disability and death. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Coffey's GBS or other injury, and further denied that his death was a sequela of a vaccine-related injury. Nevertheless, on December 17, 2014, the parties filed a stipulation to settle the case. Special Master Laura D. Millman adopted the stipulation and awarded compensation. A lump sum of $200,000.00 was awarded to the estate of Woodrow Coffey, Jr., payable to Peggy A. Coffey as legal representative. This amount covered all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on March 10, 2015, Special Master Millman issued a decision awarding attorneys' fees and costs based on a stipulation of fact filed by the parties on March 9, 2015. Petitioner's counsel, Lisa A. Roquemore, sought $38,507.93 for attorneys' fees and costs, and $792.07 for petitioner's costs. The respondent did not object to these amounts. The court awarded $38,507.93, payable jointly to petitioner and the Law Office of Lisa A. Roquemore, and $792.07, payable to petitioner. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner alleged that Woodrow Coffey, Jr. suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on September 29, 2010, which led to his death on January 13, 2014. Respondent denied that the flu vaccine caused Mr. Coffey's GBS or death. The case was resolved via stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The award of $200,000.00 was made pursuant to the stipulation, with attorneys' fees and costs of $38,507.93 and petitioner costs of $792.07 also awarded. The decision was issued by Special Master Laura D. Millman on December 17, 2014, with the fees decision on March 10, 2015. Petitioner's counsel was Lisa A. Roquemore, and respondent's counsel was Glenn A. MacLeod. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00225-0 Date issued/filed: 2015-01-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/17/2014) regarding 39 DECISION of Special Master Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00225-UNJ Document 44 Filed 01/07/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-225V December 17, 2014 Not to be Published *************************************** PEGGY A. COFFEY, as Personal * Representative of the Estate of * WOODROW COFFEY, JR., * * Petitioner, * Damages decision based on stipulation; * influenza (“flu”) vaccine; Guillain-Barré v. * Syndrome (“GBS”); death * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * *************************************** Lisa A. Roquemore, Irvine, CA, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION1 On March 29, 2013, Woodrow Coffey, Jr., filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10-34 (2006), alleging that he suffered Guillain-Barré Syndrome (“GBS”) as a result of the influenza (“flu”) vaccination he received on September 29, 2010. On January 13, 2014, Mr. Coffey died. His wife, Peggy A. Coffey, was substituted as 1 Because this decision contains a reasoned explanation for the special master’s action in this case, the special master 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, 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, petitioners have 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 categories listed above, the special master shall redact such material from public access. Case 1:13-vv-00225-UNJ Document 44 Filed 01/07/15 Page 2 of 7 petitioner in this case on May 6, 2014. Petitioner filed an amended petition on June 3, 2014, alleging that decedent suffered GBS as a consequence of his flu immunization which led to his disability and death. On December 17, 2014, the parties filed a stipulation, attached hereto, in which they agreed to settle this case and described the settlement terms. Respondent denies that flu vaccine caused Mr. Coffey’s GBS or other injury and further denies that Mr. Coffey’s death was a sequela of a vaccine-related injury. Nevertheless, the parties agreed to resolve this matter informally. The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $200,000.00 in the form of a check made payable to petitioner, as legal representative of the Estate of Woodrow Coffey, Jr. This amount covers all damages that would be available under 42 U.S.C. § 300aa-15(a). 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. December 17, 2014 /s/ Laura D. Millman DATE 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 CCaassee 11::1133--vvvv--0000222255--UUNNJJ DDooccuummeenntt 3484 FFiilleedd 1021//1077//1145 PPaaggee 13 ooff 57 CCaassee 11::1133--vvvv--0000222255--UUNNJJ DDooccuummeenntt 3484 FFiilleedd 1021//1077//1145 PPaaggee 24 ooff 57 CCaassee 11::1133--vvvv--0000222255--UUNNJJ DDooccuummeenntt 3484 FFiilleedd 1021//1077//1145 PPaaggee 35 ooff 57 CCaassee 11::1133--vvvv--0000222255--UUNNJJ DDooccuummeenntt 3484 FFiilleedd 1021//1077//1145 PPaaggee 46 ooff 57 CCaassee 11::1133--vvvv--0000222255--UUNNJJ DDooccuummeenntt 3484 FFiilleedd 1021//1077//1145 PPaaggee 57 ooff 57 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00225-1 Date issued/filed: 2015-03-31 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/10/2015) regarding 46 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00225-UNJ Document 49 Filed 03/31/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-225V Filed: March 10, 2015 Not for Publication ************************************* PEGGY A. COFFEY, * as Personal Representative of the Estate of * WOODROW COFFEY, JR., * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Lisa A. Roquemore, Irvine, CA, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On March 9, 2015, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. Petitioner submitted a draft application for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s 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 1:13-vv-00225-UNJ Document 49 Filed 03/31/15 Page 2 of 2 application. Based on these objections, petitioner amends her application for attorneys’ fees and costs to $38,507.93. In accordance with the General Order #9 requirement, petitioner asserts that she incurred $792.07 in costs to pursue her petition. Respondent does not object to these amounts. The undersigned finds these amounts to be reasonable. Accordingly, the court awards: a. $38,507.93, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Law Office of Lisa A. Roquemore in the amount of $38,507.93; and b. $792.07, representing reimbursement for petitioner’s costs. The award shall be in the form of a check payable to petitioner in the amount of $792.07. 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: March 10, 2015 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