VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00422 Package ID: USCOURTS-cofc-1_13-vv-00422 Petitioner: SEAN VANYO and KELLY VANYO, Parents and Natural Guardians of C.V., a Minor Filed: 2014-03-18 Decided: 2014-03-18 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 11516 AI-assisted case summary: Sean and Kelly Vanyo, parents and natural guardians of a minor, C.V., filed a petition for vaccine injury compensation on March 18, 2014. The case proceeded to a decision on attorneys' fees and costs based on a stipulation of fact. Petitioners, represented by Jeffrey A. Golvash, requested $11,516.43 for attorneys' fees and costs, asserting they incurred no other costs. The respondent, the Secretary of Health and Human Services, represented by Darryl R. Wishard, did not object to the requested amount. Special Master Laura D. Millman reviewed the stipulation and found the requested amount to be reasonable. The Special Master awarded $11,516.43 for attorneys' fees and costs, payable by check jointly to the petitioners and their attorneys, Brennan, Robins & Daley, P.C. The court was directed to enter judgment accordingly, unless a motion for review was filed. Theory of causation field: The public text does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, or the theory of causation. The case resulted in a decision awarding attorneys' fees and costs based on a stipulation of fact between the petitioners, Sean and Kelly Vanyo, and the respondent, the Secretary of Health and Human Services. Petitioners requested $11,516.43 for attorneys' fees and costs, which the respondent did not oppose. Special Master Laura D. Millman found the amount reasonable and awarded $11,516.43, payable jointly to the petitioners and their attorneys, Brennan, Robins & Daley, P.C. The decision date was March 18, 2014. Attorneys for the petitioners were Jeffrey A. Golvash, and for the respondent was Darryl R. Wishard. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00422-cl-extra-2648348 Date issued/filed: 2013-12-16 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2648348 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-422V December 16, 2013 Not for Publication *************************************** SEAN VANYO and KELLY VANYO, * Parents and Natural Guardians of C.V., * a Minor, * * Petitioners, * * v. * RotaTeq vaccine; intussusception; * respondent concedes entitlement SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * *************************************** Jeffrey A. Golvash, Pittsburgh, PA, for petitioners. Darryl R. Wishard, Washington, DC, for respondent. MILLMAN, Special Master RULING ON ENTITLEMENT1 On June 26, 2013, petitioners filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10–34 (2012), alleging that RotaTeq vaccine administered to their son C.V.2 on June 30, 2010, caused C.V.’s intussusception, which required surgical intervention. 1 Because this unpublished ruling on entitlement contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished ruling on entitlement 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 delete 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 delete such material from public access. On November 19, 2013, petitioners sent a demand for settlement to respondent. On December 13, 2013, respondent filed Respondent’s Rule 4(c) Report, stating that the case is appropriate for compensation under the Vaccine Act. See Respondent’s Report, Dec. 13, 2013, ECF No. 15. Respondent requested cancellation of the next scheduled telephonic status conference on Monday, January 6, 2014, at 12:00 p.m. (EST). Respondent’s request is GRANTED. This case is now in damages. FACTS C.V. was born on February 22, 2010. On June 30, 2010, he received RotaTeq, DTaP, IPV, hepatitis B, HIB, and Prevnar vaccinations. Med. recs. Ex. 4, at 1. On July 6, 2010, at 4:09 p.m., C.V. was taken to Westmoreland Hospital Emergency Department. Med. recs. Ex. 6, at 4. He had been vomiting since 1:00 a.m., was in pain, and was not eating. Id. He did not have fever. Id. C.V. was transferred to Children’s Hospital in Pittsburgh where he underwent laparoscopic surgery to resolve his intussusception. Id. at 8; Med. recs. Ex. 7, at 94. DISCUSSION Petitioners had the burden of proving that RotaTeq vaccine caused in fact C.V. to have intussusception. With respondent’s concession of liability, petitioners have satisfied their burden of proof. The undersigned ORDERS the parties to file a joint status report on their progress in settling this case by January 31, 2014. CONCLUSION With respondent’s concession, this case is now in damages. IT IS SO ORDERED. December 16, 2013 s/Laura D. Millman DATE Laura D. Millman Special Master 2 Vaccine Rule 16(b) states that “if the petition is filed on behalf of a minor, the caption may include only the minor’s initials. To avoid the need for a redaction request and accidental disclosure of the minor child’s name in later proceedings in this case, the undersigned instructs the Clerk of Court to modify the case caption to the minor’s initials C.V. 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00422-0 Date issued/filed: 2014-04-08 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/18/2014) regarding 23 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00422-UNJ Document 27 Filed 04/08/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-422V Filed: March 18, 2014 Not for Publication ************************************* SEAN VANYO and KELLY VANYO, * Parents and Natural Guardians of * C.V., a Minor, * * Petitioners, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Jeffrey A. Golvash, Pittsburgh, PA, for petitioners. Darryl R. Wishard, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On March 17, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with the General Order #9 requirement, petitioners assert that they did not incur any costs in pursuit of their petition. 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-00422-UNJ Document 27 Filed 04/08/14 Page 2 of 2 Petitioners submitted their application for attorneys’ fees and costs to respondent, requesting reimbursement for attorneys’ fees and costs in the amount of $11,516.43. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $11,516.43, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioners and Brennan, Robins & Daley, P.C. in the amount of $11,516.43. 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 18, 2014 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