VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00820 Package ID: USCOURTS-cofc-1_13-vv-00820 Petitioner: Cathy A. Liva Filed: 2014-06-02 Decided: 2014-06-02 Vaccine: Tdap Vaccination date: 2010-10-26 Condition: psoriatic arthritis Outcome: compensated Award amount USD: 240911 AI-assisted case summary: Petitioner Cathy A. Liva filed a petition on June 2, 2014, alleging that she suffered from psoriatic arthritis as a result of receiving a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine on October 26, 2010. Petitioner further alleged that she experienced residual effects from this injury for more than six months. Respondent denied that the Tdap vaccination caused petitioner's psoriatic arthritis or any other injury. The parties reached a stipulation to settle the case, which Special Master Laura D. Millman found to be reasonable. The court adopted the stipulation and awarded Cathy A. Liva $225,000.00 for damages. Additionally, the court awarded $15,911.12 for attorneys' fees and costs, payable jointly to Ms. Liva and her attorney, Dennis W. Potts. The total award amounted to $240,911.12. The decision was issued on June 2, 2014. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Dennis W. Potts, and respondent was represented by Alexis B. Babcock. Theory of causation field: Petitioner Cathy A. Liva alleged that a Tdap vaccine administered on October 26, 2010, caused her to develop psoriatic arthritis and suffer residual effects for over six months. Respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. Special Master Laura D. Millman adopted the parties' stipulation, awarding $225,000.00 for damages and $15,911.12 for attorneys' fees and costs, for a total of $240,911.12. The decision date was June 2, 2014. Petitioner's counsel was Dennis W. Potts, and respondent's counsel was Alexis B. Babcock. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00820-0 Date issued/filed: 2014-06-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/02/2014) regarding 16 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00820-UNJ Document 20 Filed 06/24/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-820V Filed: June 2, 2014 Not for Publication ************************************* CATHY A. LIVA, * * Petitioner, * * Damages decision based on v. * stipulation; Tdap vaccine; * psoriatic arthritis; fees and costs SECRETARY OF HEALTH * decision based on stipulation AND HUMAN SERVICES, * * Respondent. * * ************************************* Dennis W. Potts, Honolulu, HI, for petitioner. Alexis B. Babcock, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1 On June 2, 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 from psoriatic arthritis as a result of her receipt of Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on October 26, 2010. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s psoriatic arthritis, any other injury, or her current condition was caused by her Tdap vaccination. Nonetheless, the parties agreed to resolve this matter informally. The court finds the terms of the stipulation to be reasonable, hereby adopts the parties’ 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-00820-UNJ Document 20 Filed 06/24/14 Page 2 of 7 stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards $225,000.00 for reimbursement for damages. The parties have also agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with General Order #9, petitioner asserts that she did not incur out-of- pocket expenses in pursuit of her petition. Petitioner requests $15,911.12 in attorneys’ fees and costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. In sum, the court awards: a. a lump sum of $225,000.00, 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 made payable to petitioner in the amount of $225,000.00; and b. a lump sum of $15,911.12, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Dennis W. Potts, Esq. in the amount of $15,911.12. 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: June 2, 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-00820-UNJ Document 20 Filed 06/24/14 Page 3 of 7 Case 1:13-vv-00820-UNJ Document 20 Filed 06/24/14 Page 4 of 7 Case 1:13-vv-00820-UNJ Document 20 Filed 06/24/14 Page 5 of 7 Case 1:13-vv-00820-UNJ Document 20 Filed 06/24/14 Page 6 of 7 Case 1:13-vv-00820-UNJ Document 20 Filed 06/24/14 Page 7 of 7