VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00724 Package ID: USCOURTS-cofc-1_13-vv-00724 Petitioner: Deepak Jesrani Filed: 2014-09-24 Decided: 2015-01-16 Vaccine: influenza Vaccination date: 2010-09-29 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 326087 AI-assisted case summary: On September 24, 2013, Deepak Jesrani filed a petition under the National Vaccine Injury Compensation Program, alleging that he developed Guillain-Barré syndrome (GBS) following an influenza vaccine administered on September 29, 2010. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Jesrani's GBS or any other injury. Despite the denial, the parties reached a joint stipulation for damages. Special Master Lisa Hamilton-Fieldman adopted this stipulation, awarding Mr. Jesrani a lump sum of $325,687.00 as compensation for all damages. Subsequently, on December 22, 2014, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Hamilton-Fieldman approved an award of $45,000.00 for attorneys' fees and costs, payable jointly to Mr. Jesrani and his counsel, Lisa Roquemore of the Law Office of Lisa A. Roquemore. Additionally, $400.00 was awarded for Mr. Jesrani's personal litigation costs, payable solely to him. The final decision date was January 16, 2015. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Deepak Jesrani alleged that an influenza vaccine administered on September 29, 2010, caused Guillain-Barré syndrome (GBS). The respondent denied causation. The parties reached a joint stipulation for damages, which was adopted by Special Master Lisa Hamilton-Fieldman. The stipulation resulted in an award of $325,687.00 for all damages. A subsequent stipulation addressed attorneys' fees and costs, resulting in an additional award of $45,000.00 for fees and costs, payable jointly to Petitioner and counsel Lisa Roquemore, and $400.00 for personal litigation costs, payable solely to Petitioner. The decision date for the damages award was October 21, 2014, and the final decision date for fees and costs was January 16, 2015. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00724-0 Date issued/filed: 2014-10-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/25/2014) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00724-UNJ Document 29 Filed 10/21/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-724V Filed: September 25, 2014 * * * * * * * * * * * * * * * * UNPUBLISHED DEEPAK JESRANI, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Influenza (Flu) Vaccine; * Guillain-Barré Syndrome (GBS). SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Lisa A. Roquemore, Law Office of Lisa A. Roquemore, Irvine, CA, for Petitioner. Lindsay Corliss, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On September 24, 2013, Deepak Jesrani (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that he suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on September 29, 2010. On September 24, 2014, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, 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.” Vaccine Rule 18(b). 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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:13-vv-00724-UNJ Document 29 Filed 10/21/14 Page 2 of 7 Respondent denies that the flu immunization is the cause of Petitioner’s alleged GBS, and/or any other injury, or his current disabilities. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $325,687.00 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). Stipulation ¶ 8. The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master 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 CCaassee 11::1133--vvvv--0000772244--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0190//2241//1144 PPaaggee 13 ooff 57 CCaassee 11::1133--vvvv--0000772244--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0190//2241//1144 PPaaggee 24 ooff 57 CCaassee 11::1133--vvvv--0000772244--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0190//2241//1144 PPaaggee 35 ooff 57 CCaassee 11::1133--vvvv--0000772244--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0190//2241//1144 PPaaggee 46 ooff 57 CCaassee 11::1133--vvvv--0000772244--UUNNJJ DDooccuummeenntt 2249 FFiilleedd 0190//2241//1144 PPaaggee 57 ooff 57 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00724-1 Date issued/filed: 2015-01-16 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/23/2014) regarding 32 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00724-UNJ Document 35 Filed 01/16/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-724V Filed: December 23, 2014 * * * * * * * * * * * * * * * * UNPUBLISHED DEEPAK JESRANI, * * Special Master Hamilton-Fieldman Petitioner, * * Decision on Attorneys’ Fees and v. * Costs; Reasonable Amount * Requested to Which Respondent SECRETARY OF HEALTH * Does Not Object. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Lisa A. Roquemore, Law Office of Lisa A. Roquemore, Irvine, CA, for Petitioner. Lindsay Corliss, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On September 24, 2013, Deepak Jesrani (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that he suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on September 29, 2010. On September 25, 2014, the undersigned issued a decision awarding compensation to Petitioner. On December 22, 2014, the parties filed a Stipulation of Facts Concerning Final 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, 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.” Vaccine Rule 18(b). 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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:13-vv-00724-UNJ Document 35 Filed 01/16/15 Page 2 of 2 Attorneys’ Fees and Costs. The parties have agreed to an award of $45,000.00 for attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner’s counsel represents that Petitioner has incurred $400.00 in personal litigation costs in pursuit of his claim. The undersigned finds 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, the undersigned hereby awards the amount of $45,000.00, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Lisa Roquemore, of the Law Office of Lisa A. Roquemore. The undersigned also awards the amount of $400.00, in the form of a check made payable solely to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master 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