VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00299
Package ID: USCOURTS-cofc-1_13-vv-00299
Petitioner: Janet Deyear
Filed: 2013-04-29
Decided: 2015-04-15
Vaccine: Hepatitis B
Vaccination date: 2010-10-12
Condition: severe asthma and chronic sinus disease
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Janet Deyear filed a petition on May 3, 2013, alleging that three doses of hepatitis B (HepB) vaccine she received on April 27, May 25, and October 12, 2010 caused her to develop severe asthma and chronic sinus disease and that she experienced the residual effects of these conditions for more than six months. Respondent denied that the HepB vaccine caused petitioner's injuries or her current disabilities.

Nonetheless, both parties agreed to a joint stipulation filed September 11, 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 $35,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $15,445.33, payable jointly to petitioner and her counsel, Margaret M. Guerra. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
HepB × 3 (Apr 27, May 25, Oct 12, 2010) → severe asthma + chronic sinus disease (residual >6 months). Joint stipulation Sep 11, 2014; SM Gowen. Comp $35,000. Fees $15,445.33 (Guerra, Margaret M. Guerra Attorney at Law, Fort Worth TX).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00299-0
Date issued/filed: 2014-10-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/10/2014) regarding 34 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00299-UNJ Document 37 Filed 10/10/14 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF THE SPECIAL MASTERS
No. 13-299V
Filed: September 10, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
JANET DEYEAR, *
* Stipulation; Hepatitis B;
Petitioner, * Asthma; Chronic Sinus Disease
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Margaret M. Guerra, Esq., Margaret M. Guerra, Attorney at Law, Fort Worth, TX for
petitioner.
Ann D. Martin, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Janet Deyear [petitioner] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on April 29, 2013. Petitioner alleges that the
Hepatitis B vaccinations she received on April 27, May 25, and October 12, 2010,
caused her severe asthma and chronic sinus disease. See Stipulation, filed September
9, 2014, at ¶¶ 2, 4. Further, petitioner alleges that she experienced residual effects of
her injury for more than six months. Id. at ¶ 4. Respondent denies that petitioner’s
Hepatitis B vaccinations caused severe asthma, chronic sinus disease, or any other
injury. Id. at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:13-vv-00299-UNJ Document 37 Filed 10/10/14 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On September 9, 2014,
the parties filed a joint stipulation agreeing to settle this case and describing the
settlement terms.
Respondent agrees to pay petitioner:
(a) A lump sum of $35,000.00 in the form of a check payable to
petitioner, Janet Deyear. This amount represents compensation for
all damages that would be available under § 300aa-15(a).
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

Case 1:13-vv-00299-UNJ Document 37 Filed 10/10/14 Page 3 of 7

Case 1:13-vv-00299-UNJ Document 37 Filed 10/10/14 Page 4 of 7

Case 1:13-vv-00299-UNJ Document 37 Filed 10/10/14 Page 5 of 7

Case 1:13-vv-00299-UNJ Document 37 Filed 10/10/14 Page 6 of 7

Case 1:13-vv-00299-UNJ Document 37 Filed 10/10/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00299-1
Date issued/filed: 2015-04-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/19/2015) regarding 40 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00299-UNJ Document 43 Filed 04/15/15 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF THE SPECIAL MASTERS
No. 13-299V
Filed: March 19, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
JANET DEYEAR, *
* Stipulation;
Petitioner, * Attorneys’ Fees & Costs
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Margaret M. Guerra, Esq., Margaret M. Guerra, Attorney at Law, Fort Worth, TX for
petitioner.
Ann D. Martin, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision adopting the parties’ stipulation on September 10, 2014. On March 19, 2015,
the parties filed a Stipulation of Fact concerning attorneys’ fees and costs [Fee Stip.].
Fee Stip., filed Mar. 19, 2015. Additionally, pursuant to General Order #9, petitioners’
counsel asserted that petitioner did not personally incur litigation costs in this matter. Id.
at para. 3.
The parties’ stipulation indicates that respondent does not object to the amended
amount of $15,445.33 that petitioner is requesting for attorneys’ fees and costs.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:13-vv-00299-UNJ Document 43 Filed 04/15/15 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:
 a lump sum of $15,445.33 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Margaret M. Guerra, Esq., for
petitioner’s attorneys’ fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).