VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00887 Package ID: USCOURTS-cofc-1_13-vv-00887 Petitioner: Lillie Mae McCarter Filed: 2013-11-08 Decided: 2015-04-16 Vaccine: influenza Vaccination date: 2011-09-22 Condition: Acute Disseminated Encephalomyelitis (ADEM) Outcome: compensated Award amount USD: 250000 AI-assisted case summary: Harry McCarter, as administrator and legal representative of the Estate of Lillie Mae McCarter, filed a petition on November 8, 2013, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Lillie Mae McCarter received an influenza vaccine on or about September 22, 2011, and subsequently developed Acute Disseminated Encephalomyelitis (ADEM). The petition further alleged that Ms. McCarter's death on November 13, 2011, was a sequela of this vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. McCarter's ADEM, any other injuries, or her death. Despite these opposing positions, both parties agreed to a joint stipulation filed on September 17, 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 a lump sum of $250,000.00, payable to Petitioner as administrator and legal representative of the Estate of Lillie Mae McCarter. This amount was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation also outlined conditions for payment, requiring Petitioner to provide documentation establishing his legal representative status. Separately, on March 26, 2015, counsel for both parties filed a joint stipulation regarding attorney's fees and costs. This stipulation proposed an award of $14,894.77, payable jointly to Petitioner and Petitioner's counsel, Elizabeth M. Muldowney. Special Master Corcoran approved this amount as reasonable. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Elizabeth Muldowney of Rawls, McNelis and Mitchell, P.C., and Respondent was represented by Lynn Elizabeth Ricciardella of the U.S. Department of Justice. Theory of causation field: Petitioner alleged that an influenza vaccine administered on or about September 22, 2011, caused Lillie Mae McCarter to develop Acute Disseminated Encephalomyelitis (ADEM), leading to her death on November 13, 2011. Respondent denied causation. The parties reached a joint stipulation on September 17, 2014, to settle the claim. Special Master Brian H. Corcoran adopted the stipulation, awarding $250,000.00 to the estate for all damages under 42 U.S.C. § 300aa-15(a). Attorney's fees and costs of $14,894.77 were awarded separately via a stipulation on March 26, 2015. Petitioner's counsel was Elizabeth Muldowney, and Respondent's counsel was Lynn Elizabeth Ricciardella. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged vaccine injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00887-0 Date issued/filed: 2014-10-22 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 09/24/2014) regarding 20 DECISION Stipulation/Proffer ( Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00887-UNJ Document 24 Filed 10/22/14 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-887V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * HARRY MCCARTER, as * Filed: September 24, 2014 Administrator and Legal Representative * of the Estate of LILLIE MAE MCCARTER, * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; Petitioner, * Acute Disseminated * Encephalomyelitis (“ADEM”) v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Elizabeth Muldowney, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for Petitioner. Lynn Elizabeth Ricciardella, U.S. Dep’t of Justice, Washington, D.C., for Respondent. DECISION AWARDING DAMAGES1 On November 8, 2013, Harry McCarter, as administrator and legal representative of the estate of Lillie Mae McCarter, filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving the influenza (“flu”) vaccine on or about September 22, 2011, his mother, Ms. McCarter, suffered Acute Disseminated Encephalomyelitis (“ADEM”). Stipulation at 1 (ECF Docket No. 9). Furthermore, 1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that 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 ruling will be available to the public. Id. 2 The National Vaccine Injury Compensation Program comprises 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 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act. Case 1:13-vv-00887-UNJ Document 24 Filed 10/22/14 Page 2 of 8 Petitioner alleges that Ms. McCarter’s death (which occurred on November 13, 2011) was part of the sequela of her vaccine-related injury. Id. Respondent denies that Ms. McCarter’s alleged ADEM, any other injuries, or her death were caused by the flu vaccine. Id. at 2. Nonetheless both parties, while maintaining their above- stated positions, agreed in a stipulation filed September 17, 2014, that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. Id. 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 lump sum of $250,000.00 in the form of a check payable to Petitioner as administrator and legal representative of the Estate of Lillie Mae McCarter. The amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation ¶ 8. The stipulation also conditions the timing of payment of the award as follows: No payment pursuant to this Stipulation shall be made until petitioner provides the Secretary with documentation establishing his appointment as legal representative of the Estate of Lillie Mae McCarter. If petitioner is not authorized by court of competent jurisdiction to serve as legal representative of the Estate of Lillie Mae McCarter at the time a payment pursuant to this stipulation is made, any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as legal representative of the Estate of Lillie Mae McCarter upon submission of written documentation of such appointment to the Secretary. Stipulation ¶ 12. I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner (with payment of the award subject to Petitioner’s prior performance of the terms of ¶ 12 in the stipulation). 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 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:13-vv-00887-UNJ Document 24 Filed 10/22/14 Page 3 of 8 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Case 1:13-vv-00887-UNJ Document 24 Filed 10/22/14 Page 4 of 8 Case 1:13-vv-00887-UNJ Document 24 Filed 10/22/14 Page 5 of 8 Case 1:13-vv-00887-UNJ Document 24 Filed 10/22/14 Page 6 of 8 Case 1:13-vv-00887-UNJ Document 24 Filed 10/22/14 Page 7 of 8 Case 1:13-vv-00887-UNJ Document 24 Filed 10/22/14 Page 8 of 8 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00887-1 Date issued/filed: 2015-04-16 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/26/2015) regarding 26 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00887-UNJ Document 29 Filed 04/16/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-887V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * HARRY MCCARTER, as Administrator and * Legal Representative of the Estate of * LILLIE MAE MCCARTER, * * Filed: March 26, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES , * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Elizabeth M. Muldowney, Richmond, VA, for Petitioner Lynn Ricciardella, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On November 8, 2013, Harry McCarter, as administrator and legal representative of the estate of Lillie Mae McCarter, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). On September 17, 2014, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently 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 posted 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.) Case 1:13-vv-00887-UNJ Document 29 Filed 04/16/15 Page 2 of 2 On March 26, 2015, counsel for both parties filed another joint stipulation, this time in regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $14,894.77, in the form of a check payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which respondent does not object. In addition, and in compliance with General Order #9, Petitioner has represented that he did incur any reimbursable costs in proceeding on this petition. I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, an award should be made in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Elizabeth M. Muldowney, Esq. 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 a joint notice renouncing their right to seek review.