VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00746 Package ID: USCOURTS-cofc-1_13-vv-00746 Petitioner: Cathreen Corwon Filed: 2014-07-29 Decided: 2014-11-12 Vaccine: influenza Vaccination date: 2010-10-05 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 80000 AI-assisted case summary: On July 29, 2014, Cathreen Corwon filed a petition alleging that she suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine she received on October 5, 2010. She further alleged that she experienced residual effects from this injury for more than six months. The Secretary of Health and Human Services denied that the flu vaccine caused petitioner's alleged GBS, its residual effects, or any other condition. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Cathreen Corwon a lump sum of $80,000.00 for all damages. This award was to be paid by check to the petitioner. The decision noted that it was unpublished but intended for public posting on the court's website, with provisions for redacting sensitive information. On November 12, 2014, Special Master Millman issued a decision regarding attorneys' fees and costs. Based on a stipulation of fact filed on November 10, 2014, the parties agreed on the amount for fees and costs. Petitioner requested $5,114.06 in attorneys' fees and costs, which the respondent did not object to. The Special Master found this amount reasonable and awarded $5,114.06, payable by check jointly to Cathreen Corwon and her attorneys, The Law Offices of Kevin A. Mack, L.L.C. Both decisions were issued by Special Master Laura D. Millman. Theory of causation field: Petitioner Cathreen Corwon alleged that her Guillain-Barré Syndrome (GBS) was caused by an influenza vaccine received on October 5, 2010, and that she suffered residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not detail the specific medical or scientific theories of causation, nor does it name any medical experts. The case was resolved via stipulation, with Special Master Laura D. Millman awarding $80,000.00 in compensation for all damages and $5,114.06 for attorneys' fees and costs, payable jointly to the petitioner and her attorneys. The decision was filed on July 29, 2014, with the fees decision filed on November 12, 2014. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00746-0 Date issued/filed: 2014-08-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/29/2014) regarding 18 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00746-UNJ Document 19 Filed 08/19/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-746V Filed: July 29, 2014 Not for Publication ************************************* CATHREEN CORWON, * * Petitioner, * * * Damages decision based on stipulation; v. * influenza (flu) vaccine; Guillain-Barré * Syndrome (GBS) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Kevin A. Mack, Tiffin, OH, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On July 29, 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 Guillain-Barré Syndrome that was caused by her October 5, 2010, receipt of influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s alleged GBS or its residual effects, any other injury, or her current condition. Nonetheless, the parties agreed to resolve this matter 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 delete 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 delete such material from public access. Case 1:13-vv-00746-UNJ Document 19 Filed 08/19/14 Page 2 of 7 informally. The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $80,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form of a check for $80,000.00 made payable to petitioner. 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: July 29, 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-00746-UNJ Document 19 Filed 08/19/14 Page 3 of 7 Case 1:13-vv-00746-UNJ Document 19 Filed 08/19/14 Page 4 of 7 Case 1:13-vv-00746-UNJ Document 19 Filed 08/19/14 Page 5 of 7 Case 1:13-vv-00746-UNJ Document 19 Filed 08/19/14 Page 6 of 7 Case 1:13-vv-00746-UNJ Document 19 Filed 08/19/14 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00746-1 Date issued/filed: 2014-12-04 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/12/2014) regarding 24 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00746-UNJ Document 26 Filed 12/04/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-746V Filed: November 12, 2014 Not for Publication ************************************* CATHREEN CORWON, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Kevin A. Mack, Tiffin, OH, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On November 10, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with the General Order #9 requirement, petitioner asserts that she did not incur any costs in pursuit of her petition. Petitioner submitted her application for attorneys’ fees and costs to respondent, in which she requested $5,114.06 in final attorneys’ fees and costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. 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-00746-UNJ Document 26 Filed 12/04/14 Page 2 of 2 Accordingly, the court awards $5,114.06, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and The Law Offices of Kevin A. Mack, L.L.C., in the amount of $5,114.06. 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: November 12, 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