VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00638 Package ID: USCOURTS-cofc-1_13-vv-00638 Petitioner: Laura Ann Jacques Filed: 2014-03-20 Decided: 2014-03-20 Vaccine: influenza Vaccination date: 2012-09-25 Condition: shingles Outcome: compensated Award amount USD: 55375 AI-assisted case summary: Petitioner Laura Ann Jacques filed a claim on March 20, 2014, alleging that she developed shingles and suffered residual effects for more than six months as a result of receiving an influenza vaccine on September 25, 2012. The respondent denied that the vaccine caused the shingles or any other injury, and denied that the petitioner's current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denials, the parties reached a stipulation to settle the case. Special Master Laura D. Millman adopted the parties' stipulation. The court awarded a lump sum of $55,000.00 for all damages. Additionally, the court awarded $11,431.75 for attorneys' fees and costs, payable jointly to the petitioner and the Law Offices of Jay A. Bansal. The court also awarded $375.00 for the petitioner's out-of-pocket expenses, payable to the petitioner. The decision was issued on March 20, 2014. Petitioner was represented by Jay A. Bansal, and respondent was represented by Lisa A. Watts. Theory of causation field: Petitioner Laura Ann Jacques alleged that an influenza vaccine administered on September 25, 2012, caused shingles and residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to settle the case, which the Special Master adopted. The decision does not describe the specific medical mechanism, onset, symptoms, tests, treatments, or expert testimony. The award was based on the stipulation, not a finding of causation. The award included $55,000.00 for damages, $11,431.75 for attorneys' fees and costs (payable jointly to petitioner and Law Offices of Jay A. Bansal), and $375.00 for petitioner's out-of-pocket expenses. Special Master Laura D. Millman issued the decision on March 20, 2014. Petitioner's counsel was Jay A. Bansal, and respondent's counsel was Lisa A. Watts. The theory of causation was considered "Off-Table" in the provided database fields, and the public decision does not elaborate on the specific theory presented or accepted beyond the stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00638-0 Date issued/filed: 2014-04-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/20/2014) regarding 22 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00638-UNJ Document 26 Filed 04/10/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-638V Filed: March 20, 2014 Not for Publication ************************************* LAURA ANN JACQUES, * * Petitioner, * * Damages decision based on v. * stipulation; influenza vaccine; * shingles; fees and costs decision SECRETARY OF HEALTH * based on stipulation AND HUMAN SERVICES, * * Respondent. * * ************************************* Jay A. Bansal, Tempe, AZ, for petitioner. Lisa A. Watts, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1 On March 20, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered from shingles as a result of her receipt of influenza vaccine on September 25, 2012. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s shingles, or any other injury, was caused in fact by the influenza vaccine and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. Nonetheless, the parties agreed to resolve this matter informally. 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-00638-UNJ Document 26 Filed 04/10/14 Page 2 of 7 The court finds the terms to be reasonable, hereby adopts the parties’ stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $55,000.00, representing all damages that would be available under 42 U.S.C. § 300aa–15(a) (2012). The parties have also agreed on an appropriate amount for attorneys’ fees and costs in this case. Petitioner requests $11,431.75 in attorneys’ fees and costs and $375.00 in petitioner’s out-of-pocket expenses. Respondent does not object to these amounts. The undersigned finds these amounts to be reasonable. Accordingly, the court awards: a. a lump sum of $55,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa–15(a). The award shall be in the form of a check made payable to petitioner in the amount of $55,000.00. b. a lump sum of $11,431.75, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and the Law Offices of Jay A. Bansal in the amount of $11,431.75. c. a lump sum of $375.00, representing reimbursement for petitioner’s out-of-pocket expenses. The award shall be in the form of a check made payable to petitioner in the amount of $375.00. 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 20, 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 Case 1:13-vv-00638-UNJ Document 26 Filed 04/10/14 Page 3 of 7 Case 1:13-vv-00638-UNJ Document 26 Filed 04/10/14 Page 4 of 7 Case 1:13-vv-00638-UNJ Document 26 Filed 04/10/14 Page 5 of 7 Case 1:13-vv-00638-UNJ Document 26 Filed 04/10/14 Page 6 of 7 Case 1:13-vv-00638-UNJ Document 26 Filed 04/10/14 Page 7 of 7