VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00748 Package ID: USCOURTS-cofc-1_13-vv-00748 Petitioner: Gregory Hood Filed: 2013-09-27 Decided: 2014-06-24 Vaccine: influenza Vaccination date: Condition: brachial neuritis Outcome: compensated Award amount USD: 252256 AI-assisted case summary: On September 27, 2013, Gregory Hood filed a petition under the National Vaccine Injury Compensation Program alleging that he developed brachial neuritis as a result of receiving an influenza ("flu") vaccine. The Secretary of Health and Human Services, the respondent, denied that the flu vaccine caused Petitioner's brachial neuritis or any related medical problems. Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on May 23, 2014, to settle the case. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. The stipulation awarded Petitioner a total of $252,256.36. This amount included a lump sum payment of $2,256.36 to satisfy a Vermont Medicaid lien, with a check payable jointly to the petitioner and the Department of Vermont Health Access. Petitioner was to endorse this payment to the Department. Additionally, a lump sum of $250,000.00 was awarded, payable to Petitioner Gregory Hood, representing compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were addressed in a separate stipulation filed on June 5, 2014. Special Master Corcoran approved a lump sum of $18,586.81 for attorneys' fees and costs, payable jointly to Petitioner and his counsel, Christopher J. Maley of Maley and Maley, PLLC. The public decision does not describe the specific date of vaccination, the onset of symptoms, specific medical tests performed, or the treatment received. Petitioner was represented by Christopher J. Maley of Maley and Maley, PLLC, and Respondent was represented by Heather Pearlman of the U.S. Department of Justice. Theory of causation field: Petitioner Gregory Hood alleged that an influenza ("flu") vaccine caused him to develop brachial neuritis. The respondent denied causation. The parties reached a joint stipulation on May 23, 2014, to settle the claim, which was adopted by Special Master Brian H. Corcoran. The stipulation resulted in an award of $252,256.36, comprising $2,256.36 for a Vermont Medicaid lien and $250,000.00 for all remaining damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $18,586.81 were awarded separately via a stipulation on June 5, 2014, to Christopher J. Maley of Maley and Maley, PLLC. The specific vaccination date, onset of symptoms, medical tests, treatment, or expert testimony are not detailed in the provided public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00748-0 Date issued/filed: 2014-06-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/23/2014) regarding 15 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00748-UNJ Document 24 Filed 06/19/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-748V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * GREGORY HOOD, * * Filed: May 23, 2014 Petitioner, * * Decision by Stipulation; Damages; v. * Influenza (“Flu”) Vaccine; Brachial * Neuritis * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Christopher J. Maley, Maley and Maley, PLLC, Burlington, VT, for Petitioner. Heather Pearlman, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On September 27, 2013, Petitioner Gregory Hood filed an action seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that he suffered brachial neuritis as a result of receiving an influenza (“flu”) vaccine. 1 Because this decision contains a reasoned explanation for my action in this case, I will 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)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. Specifically, under 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). Otherwise, the whole decision will be available to the public. (Id.) 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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:13-vv-00748-UNJ Document 24 Filed 06/19/14 Page 2 of 7 Respondent denies that Petitioner’s brachial neuritis or any related medical problems were caused by his receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed May 23, 2014 that the issues before them can be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a) A lump sum payment of $2,256.36, representing compensation for satisfaction of the State of Vermont Medicaid lien, in the form of a check payable jointly to petitioner and: Department of Vermont Health Access HP-Financial Services P.O. Box 1645 Williston, VT 05495 Petitioner agrees to endorse this payment to the Department of Vermont Health Access; and b) A lump sum of $250,000.00, in the form of a check payable to Petitioner Gregory Hood. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation ¶ 8. I approve a Vaccine Program award in the requested amount set forth above to be made 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly (or separately) filing notice(s) renouncing their right to seek review. Case 1:13-vv-00748-UNJ Document 24 Filed 06/19/14 Page 3 of 7 Case 1:13-vv-00748-UNJ Document 24 Filed 06/19/14 Page 4 of 7 Case 1:13-vv-00748-UNJ Document 24 Filed 06/19/14 Page 5 of 7 Case 1:13-vv-00748-UNJ Document 24 Filed 06/19/14 Page 6 of 7 Case 1:13-vv-00748-UNJ Document 24 Filed 06/19/14 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00748-1 Date issued/filed: 2014-06-24 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 6/5/2014) regarding 21 DECISION Fees Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00748-UNJ Document 25 Filed 06/24/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-748V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * GREGORY HOOD, * * Filed: June 5, 2014 Petitioner, * * Decision by Stipulation; Attorneys’ v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Christopher J. Maley, Maley and Maley, PLLC, Burlington, VT, for Petitioner Heather Pearlman, U.S. Dep’t of Justice, Washington, DC, for Respondent ATTORNEYS’ FEES AND COSTS DECISION1 On September 27, 2013, Petitioner Gregory Hood filed a petition seeking compensation under the National Vaccine Injury Compensation Program. On May 23, 2014, the parties filed a stipulation detailing an amount to be awarded to Petitioner. That same day, I issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. 1 Because this decision contains a reasoned explanation for my action in this case, I will 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)). As provided by 42 U.S.C § 300aa-12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) permit each party 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). Otherwise, the decision will be available to the public. Id. Case 1:13-vv-00748-UNJ Document 25 Filed 06/24/14 Page 2 of 2 On June 5, 2014, counsel for both parties filed another joint stipulation, this time regarding attorneys’ fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $18,586.81 in the form of a check jointly payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which Respondent does not object. In accordance with General Order #9, the stipulation also includes a statement that Petitioner incurred no reimbursable costs in pursuit of his claim. I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly, an award should be made in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Christopher J. Maley, Esq., in the amount of $18,586.81. 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.2 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing (jointly or separately) notices renouncing their right to seek review.