VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00416 Package ID: USCOURTS-cofc-1_13-vv-00416 Petitioner: Christina Corrigan Filed: 2013-06-25 Decided: 2015-11-03 Vaccine: Hepatitis B Vaccination date: 2010-10-22 Condition: Bell's palsy Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Christina Corrigan filed a petition on June 25, 2013, alleging that her third hepatitis B vaccination she received on October 22, 2010 caused her to develop Bell's palsy and that she experienced the residual effects of this injury for more than six months. Respondent denied that the hepatitis B vaccine caused petitioner's Bell's palsy or any other injury. Nonetheless, both parties agreed to a joint stipulation filed October 1, 2015 to settle the case. Special Master Moran 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 simultaneously agreed to attorneys' fees and costs of $24,626.13, payable jointly to petitioner and her counsel, Howard D. Mishkind of the Mishkind Law Firm Co., L.P.A. Petitioner had not personally incurred any out-of-pocket litigation expenses. Theory of causation field: HepB (3rd dose) Oct 22, 2010 → Bell's palsy (residual >6 months). Joint stipulation Oct 1, 2015; SM Moran. Comp $35,000. Fees $24,626.13 (Mishkind, Mishkind Law Firm Co LPA, Cleveland OH). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00416-0 Date issued/filed: 2015-11-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/05/2015) regarding 40 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00416-UNJ Document 43 Filed 11/03/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * CHRISTINA CORRIGAN, * No. 13-416V * Special Master Moran Petitioner, * * Filed: October 5, 2015 v. * * SECRETARY OF HEALTH * Stipulation; Hepatitis B vaccine; AND HUMAN SERVICES, * Bell’s palsy. * Respondent. * * * * * * * * * * * * * * * * * * * * * * Howard D. Mishkind, Mishkind Law Firm Co., L.P.A., Cleveland, OH, for Petitioner; Jennifer L. Reynaud, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On October 1, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Christina Corrigan on June 25, 2013. In her petition, Ms. Corrigan alleged that the Hepatitis B vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received her third hepatitis B on October 22, 2010, caused her to sustain a vaccine- related injury diagnosed as Bell’s palsy. Petitioner further alleges that she experienced the residual effects of her injuries for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. Respondent denies that petitioner’s alleged Bell’s palsy and residual effects were caused-in-fact by the hepatitis B vaccine. Respondent further denies that the hepatitis B vaccine caused petitioner any other injury or her current condition. 1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:13-vv-00416-UNJ Document 43 Filed 11/03/15 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum of $35,000.00 in the form of a check payable to petitioner, Christina Corrigan. This amount represents compensation for 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 is directed to enter judgment in case 13-416V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360. IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:13-vv-00416-UNJ Document 43 Filed 11/03/15 Page 3 of 7 Case 1:13-vv-00416-UNJ Document 43 Filed 11/03/15 Page 4 of 7 Case 1:13-vv-00416-UNJ Document 43 Filed 11/03/15 Page 5 of 7 Case 1:13-vv-00416-UNJ Document 43 Filed 11/03/15 Page 6 of 7 Case 1:13-vv-00416-UNJ Document 43 Filed 11/03/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00416-1 Date issued/filed: 2015-11-03 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/05/2015) regarding 41 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00416-UNJ Document 44 Filed 11/03/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * CHRISTINA CORRIGAN, * * No. 13-416V Petitioner, * Special Master Christian J. Moran * v. * Filed: October 5, 2015 * SECRETARY OF HEALTH * Attorneys’ fees and costs; award AND HUMAN SERVICES, * in the amount to which respondent * does not object. Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Howard D. Mishkind, Mishkind Law Firm Co., L.P.A., Cleveland, OH, for Petitioner; Jennifer L. Reynaud, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION ON FEES AND COSTS1 On September 28, 2015, petitioner filed a stipulation of fact concerning final attorneys’ fees and costs in the above-captioned matter. Previously, petitioner informally submitted a draft application for attorneys’ fees and costs to respondent for review. Upon review of petitioner’s application, respondent raised objections to certain items. Based on subsequent discussions, petitioner amended her application to request $24,626.13, an amount to which respondent does not object. The Court awards this amount. 1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this ruling on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:13-vv-00416-UNJ Document 44 Filed 11/03/15 Page 2 of 2 On June 25, 2013, Christina Corrigan filed a petition for compensation alleging that her third Hepatitis B vaccine, which she received on October 22, 2010, caused her to sustain a vaccine-related injury diagnosed as Bell’s palsy. Petitioner received compensation based upon the parties’ stipulation. Decision, issued Oct. 5, 2015. Because petitioner received compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). Petitioner seeks a total of $24,626.13 in attorneys’ fees and costs. In compliance with General Order No. 9, petitioner has not advanced any reimbursable costs in pursuit of her claim. Respondent has no objection to the amount requested for attorneys’ fees and costs. After reviewing the request, the Court awards the following: A lump sum of $24,626.13 in the form of a check made payable to petitioner and petitioner’s attorney, Howard D. Mishkind, of the Mishkind Law Firm Co., L.P.A., for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa-15(e). The Court thanks the parties for their cooperative efforts in resolving this matter. The Clerk shall enter judgment accordingly. Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2