VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00678 Package ID: USCOURTS-cofc-1_13-vv-00678 Petitioner: A.G.L. Filed: 2014-07-03 Decided: 2015-03-13 Vaccine: MMR Vaccination date: Condition: idiopathic thrombocytopenic purpura Outcome: dismissed Award amount USD: AI-assisted case summary: John Patrick Louviere and Stacy Mayeaux-Louviere, parents of A.G.L., a minor, filed a petition for vaccine compensation on July 3, 2014, alleging that the measles, mumps, and rubella (MMR) vaccine caused their daughter's idiopathic thrombocytopenic purpura (ITP). After an investigation and a status conference held on June 9, 2014, it appeared that there was insufficient proof to support the claim. Consequently, the petitioners moved for a dismissal of their petition on June 27, 2014, which was granted by Special Master Thomas L. Gowen. The case was dismissed for insufficient proof. Subsequently, on February 18, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Petitioners' counsel was Christie C. Wood, and respondent's counsel was Amy Kokot. The respondent did not object to the requested amount of $14,200.00 for attorneys' fees and costs. Special Master Gowen found that the petition was brought in good faith with a reasonable basis and awarded $14,200.00 in the form of a check payable jointly to the petitioners and their attorney for attorneys' fees and costs. Theory of causation field: The petition alleged that the measles, mumps, rubella (MMR) vaccine caused idiopathic thrombocytopenic purpura (ITP) in minor A.G.L. The public decision does not describe the vaccination date, age at vaccination, specific onset of symptoms, medical tests performed, treatments received, or the mechanism of causation. Following an investigation and status conference, it appeared there was insufficient proof to support the claim. Petitioners moved for dismissal, which was granted by Special Master Thomas L. Gowen on July 3, 2014, for insufficient proof. A subsequent stipulation for attorneys' fees and costs totaling $14,200.00 was approved by Special Master Gowen on March 13, 2015, finding the petition was brought in good faith with a reasonable basis. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00678-0 Date issued/filed: 2014-07-25 Pages: 1 Docket text: PUBLIC DECISION (Originally filed: 7/3/2014) regarding 21 DECISION of Special Master ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00678-UNJ Document 22 Filed 07/25/14 Page 1 of 1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 13-678V Filed: July 3, 2014 (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * JOHN PATRICK LOUVIERE and * STACY MAYEAUX-LOUVIERE, * Parents of A.G.L., * a minor, * Dismissal; MMR; ITP; insufficient proof * Petitioners, * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DECISION1 Gowen, Special Master: On September 13, 2013, petitioners filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program [“the Program”],2 alleging that the measles, mumps, rubella [MMR] vaccine caused their daughter A.G.L.’s idiopathic thrombocytopenic purpura [ITP]. After more extensive investigation and a status conference held on June 9, 2014, it appeared that there was insufficient proof for this petition. Accordingly, petitioners moved for a decision dismissing this petition on June 27, 2014. Petitioners’ motion is granted. This case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly. IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify and move to delete medical or other information, that satisfies the criteria in § 300aa- 12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 The Program comprises 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. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00678-1 Date issued/filed: 2015-03-13 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/19/2015) regarding 28 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00678-UNJ Document 29 Filed 03/13/15 Page 1 of 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 13-678V Filed: February 19, 2015 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * JOHN PATRICK LOUVIERE and * STACY MAYEAUX-LOUVIERE, * Parents of A.G.L., * a minor, * Stipulation; Attorneys’ Fees & Costs * Petitioners, * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Christie C. Wood, Faircloth Law Group, Alexandria, LA for petitioner. Amy Kokot, U.S. Department of Justice, Washington, DC for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Gowen, Special Master: In this case under the National Vaccine Injury Compensation Program,2 I issued a decision dismissing the Petition on July 3, 2014. On February 18, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and costs [Fee Stip.]. Fee Stip., filed Feb. 18, 2015. Additionally, pursuant to General Order #9, petitioners’ counsel asserted that petitioners did not personally incur litigation costs in this matter. Id. at para. 5. The parties’ stipulation indicates that respondent does not object to the amended amount of $14,200.00 that petitioners are requesting for attorneys’ fees and costs. 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: • a lump sum of $14,200.00 in the form of a check payable jointly to petitioners and petitioners’ attorney, Christie C. Wood, Esq., for petitioners’ attorneys’ fees and costs. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will delete such material from public access. 2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). Case 1:13-vv-00678-UNJ Document 29 Filed 03/13/15 Page 2 of 2 The clerk of the court shall enter judgment in accordance herewith.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a).