VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00533 Package ID: USCOURTS-cofc-1_13-vv-00533 Petitioner: Janet Louise Stone Filed: 2013-08-01 Decided: 2014-09-25 Vaccine: influenza Vaccination date: 2010-09-30 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: AI-assisted case summary: Janet Louise Stone filed a petition on August 1, 2013, alleging that an influenza vaccine she received on September 30, 2010, caused her to develop Guillain-Barré syndrome (GBS). The respondent is the Secretary of Health and Human Services. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, or treatments. Petitioner received compensation based upon a joint stipulation, with a damages decision entered on August 22, 2014, by Special Master Christian J. Moran. Subsequently, on September 2, 2014, Special Master Christian J. Moran issued a decision regarding attorneys' fees and costs. Petitioner sought a total of $31,464.00 in attorneys' fees and costs for her counsel, Roger A. Eddleman of McLean, Virginia. Additionally, petitioner stated she incurred $2,159.74 in out-of-pocket litigation expenses. The respondent did not object to these amounts. The Court awarded a lump sum of $31,464.00, payable jointly to petitioner Janet Louise Stone and her attorney Roger A. Eddleman, for attorneys' fees and litigation costs. The Court also awarded a lump sum of $2,159.74, payable to petitioner Janet Louise Stone, for her incurred costs. The public decision does not name petitioner's counsel or respondent's counsel beyond their affiliations. Theory of causation field: Petitioner Janet Louise Stone alleged that an influenza vaccine received on September 30, 2010, caused her to develop Guillain-Barré syndrome (GBS). The case was compensated based on a joint stipulation, with a damages decision entered on August 22, 2014. Attorneys' fees and costs were awarded on September 2, 2014, by Special Master Christian J. Moran. Petitioner was awarded $31,464.00 for attorneys' fees and costs, payable jointly to her and her counsel Roger A. Eddleman, and $2,159.74 for out-of-pocket expenses, payable to petitioner. The public decision does not detail the specific medical theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused GBS. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00533-0 Date issued/filed: 2014-09-25 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 9/2/2014) regarding 31 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00533-UNJ Document 34 Filed 09/25/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * JANET LOUISE STONE, * * No. 13-533V Petitioner, * Special Master Christian J. Moran * v. * Filed: September 2, 2014 * SECRETARY OF HEALTH * Attorneys’ fees and costs; award; AND HUMAN SERVICES, * in the amount to which * respondent does not object. Respondent. * * * * * * * * * * * * * * * * * * * * * * Roger A. Eddleman, McLean, VA, for Petitioner; Linda S. Renzi, United States Dep’t of Justice, Washington, D.C., for Respondent. UNPUBLISHED DECISION ON FEES AND COSTS1 On August 21, 2014, respondent 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 $33,623.74, an amount to which respondent does not object. The Court awards this amount. On August 1, 2013, Janet L. Stone filed a petition for compensation alleging that the influenza vaccine, which she received on September 30, 2010, caused her to suffer Guillain-Barré syndrome (“GBS”). Petitioner received compensation 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 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-00533-UNJ Document 34 Filed 09/25/14 Page 2 of 2 based upon the parties’ stipulation. Decision, filed August 22, 2014. 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 $31,464.00 in attorneys’ fees and costs for her counsel. Additionally, in compliance with General Order No. 9, petitioner states that she incurred $2,159.74 in out-of-pocket litigation expenses while pursuing this claim. Respondent has no objection to the amount requested for attorneys’ fees and costs. After reviewing the request, the Court awards the following: a. A lump sum of $31,464.00 in the form of a check made payable to petitioner, Janet L. Stone, and petitioner’s attorney, Roger A. Eddleman, for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa-15(e). b. A lump sum of $2,159.74, payable to petitioner, Janet L. Stone, for costs she incurred in pursuit of her petition. 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, Mary Holmes, at (202) 357- 6353. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master