VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00742 Package ID: USCOURTS-cofc-1_13-vv-00742 Petitioner: John Aiani Filed: 2015-02-26 Decided: 2015-03-20 Vaccine: influenza Vaccination date: 2010-09-28 Condition: inflammatory polyarthritis Outcome: compensated Award amount USD: 75000 AI-assisted case summary: John Aiani filed a petition on February 26, 2015, alleging that he suffered from inflammatory polyarthritis as a result of receiving an influenza vaccine on September 28, 2010. He further alleged that he experienced residual effects of this injury for more than six months. The parties filed a joint stipulation agreeing to an award of compensation. Respondent denied that the flu vaccine caused petitioner's condition or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Nevertheless, the parties stipulated to an award. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. John Aiani was awarded $75,000.00 in compensation for all damages available under § 300aa-15(a). Separately, on March 19, 2015, the Special Master awarded $11,328.05 in attorneys' fees and costs, finding the petition was brought in good faith with a reasonable basis. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00742-0 Date issued/filed: 2015-03-19 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/26/2015) regarding 26 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00742-UNJ Document 35 Filed 03/19/15 Page 1 of 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 13-0742V Filed: February 26, 2015 (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * JOHN AIANI, * * Petitioner, * Stipulation; Attorneys’ Fees & Costs v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Donald Philip Edwards, Law Office of Donald P. Edwards, Atlanta, Georgia, for petitioner. Linda Renzi, U.S. Dep’t. 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 15-week stipulation order on November 11, 2014, and an entitlement decision remains pending. On February 24, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and costs. Additionally, pursuant to General Order #9, petitioner’s counsel asserted that petitioner incurred no personal litigation costs in this matter. Id. at para. 4. The parties’ stipulation indicates that respondent does not object to the amended amount of $11,328.05 in attorneys’ fees and cost that petitioner is requesting. 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, 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-00742-UNJ Document 35 Filed 03/19/15 Page 2 of 2 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 $11,328.05 in the form of a check payable jointly to petitioner and petitioner’s counsel of record, Donald P. Edwards, for petitioner’s attorney fees and costs. 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). ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00742-1 Date issued/filed: 2015-03-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/27/2015) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00742-UNJ Document 36 Filed 03/20/15 Page 1 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 13-0742V Filed: February 27, 2015 (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * JOHN AIANI, * * Petitioner, * Stipulation; Flu; Polyarthritis v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Donald Philip Edwards, Law Office of Donald P. Edwards, Atlanta, Georgia, for petitioner. Linda Renzi, U.S. Dep’t. of Justice, Washington, DC for respondent. DECISION ON JOINT STIPULATION1 Gowen, Special Master: On September 26, 2013, John Aiani (“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 as a result of receiving an influenza (“flu”) vaccine on September 28, 2010, he suffered from inflammatory polyarthritis. Stipulation ¶ 2, 4, filed Feb. 27, 2015. Further, petitioner alleged that he experienced residual effects of this injury for more than six months. Id. at ¶ 4. On February 27, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccine caused petitioner’s inflammatory polyarthritis, or any other injury, and denies that 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. Case 1:13-vv-00742-UNJ Document 36 Filed 03/20/15 Page 2 of 7 his current disabilities are sequelae of a vaccine-related injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto. 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) A lump sum of $75,000.00 in the form of a check payable to petitioner, John Aiani. This amount represents compensation for all damages that would be available under § 300aa-15(a). The undersigned approves the requested amount for petitioner’s compensation. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen 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. 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