VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00554 Package ID: USCOURTS-cofc-1_13-vv-00554 Petitioner: Gigi H. Corum Filed: 2013-08-07 Decided: 2014-05-06 Vaccine: influenza Vaccination date: 2011-09-14 Condition: transverse myelitis Outcome: compensated Award amount USD: 201092 AI-assisted case summary: Gigi H. Corum filed a petition on August 7, 2013, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered transverse myelitis, which she claimed was caused in fact by an influenza vaccination administered on September 14, 2011. The respondent denied that the vaccination caused Petitioner's injuries. However, both parties agreed to a stipulation, filed on April 14, 2014, to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $201,092.02, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, the Court awarded attorneys' fees and costs totaling $17,908.37, payable jointly to Petitioner and her counsel, Nancy Meyers of Ward Black Law. The public decision does not describe the onset of symptoms, specific clinical details, or any medical experts. Petitioner had not personally incurred any out-of-pocket litigation expenses. Theory of causation field: Petitioner Gigi H. Corum alleged that an influenza vaccine received on September 14, 2011, caused her to develop transverse myelitis. Respondent denied causation. The parties reached a stipulation on April 14, 2014, to settle the claim. Special Master Hamilton-Fieldman adopted the stipulation, awarding Petitioner $201,092.02 in compensation and $17,908.37 for attorneys' fees and costs, payable jointly to Petitioner and her counsel, Nancy Meyers of Ward Black Law. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the claim. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00554-0 Date issued/filed: 2014-05-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/14/2014) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00554-UNJ Document 30 Filed 05/06/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-554V (E-Filed: April 14, 2014) * * * * * * * * * * * * * * * GIGI H. CORUM, * UNPUBLISHED * Petitioner, * Special Master * Hamilton-Fieldman v. * * Influenza vaccine; Transverse Myelitis; SECRETARY OF HEALTH AND * Decision; Stipulation. HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * Nancy Meyers, Ward Black Law, Greensboro, NC, for Petitioner. Lara Englund, United States Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 7, 2013, Petitioner, Gigi H. Corum, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). Petitioner alleged that she suffered transverse myelitis that was caused-in- fact by her influenza vaccination administered on September 14, 2011.2 1 Because this unpublished decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned 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, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C.A. ' 300aa-10 et seq. (2006 ed.) (“Vaccine Act” or “the 1 Case 1:13-vv-00554-UNJ Document 30 Filed 05/06/14 Page 2 of 7 Respondent denies that Petitioner’s vaccination caused her injuries. Nonetheless, both parties, while maintaining their above stated positions, agreed in a Stipulation, filed April 14, 2014, (“Stipulation”) that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The stipulation awards: A lump sum of $201,092.02, in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a) to which Petitioner would be entitled. Stipulation ¶ 8. The undersigned approves the requested amounts for Petitioner’s compensation. 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.3 IT IS SO ORDERED. s/Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master Act”). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa-10 et seq. (2006 ed.). 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:13-vv-00554-UNJ Document 30 Filed 05/06/14 Page 3 of 7 Case 1:13-vv-00554-UNJ Document 30 Filed 05/06/14 Page 4 of 7 Case 1:13-vv-00554-UNJ Document 30 Filed 05/06/14 Page 5 of 7 Case 1:13-vv-00554-UNJ Document 30 Filed 05/06/14 Page 6 of 7 Case 1:13-vv-00554-UNJ Document 30 Filed 05/06/14 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00554-1 Date issued/filed: 2014-05-06 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/14/2014) regarding 26 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00554-UNJ Document 31 Filed 05/06/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-554V (E-Filed: April 14, 2014) * * * * * * * * * * * * * * * GIGI H. CORUM, * UNPUBLISHED * Petitioner, * Special Master * Hamilton-Fieldman v. * * Decision on Attorneys’ Fees and Costs. SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * . * * * * * * * * * * * * * * * Nancy Meyers, Ward Black Law, Greensboro, NC, for Petitioner. Lara Englund, United States Department of Justice, Washington, DC, for Respondent. DECISION1 (ATTORNEY FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,2 the undersigned issued a decision on April 14, 2014. On April 14, 2014, the parties filed a stipulation concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a total payment of $17, 908.37, representing attorney’s fees and costs. Pursuant to General Order #9, the stipulation reflects that Petitioner advanced no reimbursable costs in pursuit of her claim. 1 The undersigned intends to post this unpublished 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)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party (1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to the public. Id. 2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). 1 Case 1:13-vv-00554-UNJ Document 31 Filed 05/06/14 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 the total $17, 908.37, as a lump sum in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Nancy Meyers, Esq. In the absence of a timely-filed motion for review filed pursuant to Appendix B of the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment in accordance herewith. IT IS SO ORDERED. s/Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master 2