VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00902 Package ID: USCOURTS-cofc-1_13-vv-00902 Petitioner: Patricia K. Patterson Filed: 2013-11-13 Decided: 2015-06-26 Vaccine: influenza Vaccination date: Condition: Guillain-Barré syndrome (“GBS”) Outcome: compensated Award amount USD: 500000 AI-assisted case summary: Patricia K. Patterson filed a petition on November 13, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving an influenza ("flu") vaccine. The specific date of vaccination was not specified in the public text. The Secretary of Health and Human Services, the respondent, denied that the flu vaccine caused Petitioner's GBS and any related medical problems. Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on April 6, 2015, 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. Under the stipulation, Petitioner was awarded a total of $500,000.00. This amount consisted of a lump sum of $460,396.07, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a), and a lump sum of $39,603.93 to reimburse a State of New York Medicaid lien. The reimbursement for the lien was to be paid jointly to Petitioner and the New York State Department of Health. Separately, on June 3, 2015, counsel for both parties filed a joint stipulation regarding attorney's fees and costs. Special Master Corcoran approved a lump sum of $45,000.00 for attorney's fees and costs, payable jointly to Petitioner and her counsel, Matthew F. Belanger. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments. The public decision does not name any medical experts. Theory of causation field: Petitioner Patricia K. Patterson alleged that an influenza vaccine caused her Guillain-Barré syndrome (GBS). The vaccination date was not specified in the public text. The respondent denied causation. The parties reached a joint stipulation on April 6, 2015, to settle the case, which Special Master Brian H. Corcoran adopted. The stipulation resulted in an award of $500,000.00, comprising $460,396.07 for damages under 42 U.S.C. § 300aa-15(a) and $39,603.93 for reimbursement of a New York Medicaid lien, payable jointly to Petitioner and the New York State Department of Health. Attorney's fees and costs of $45,000.00 were awarded separately on June 3, 2015, payable jointly to Petitioner and her counsel, Matthew F. Belanger (Faraci Lange LLP). The public decision does not detail the specific mechanism of causation, medical experts, or clinical findings. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00902-0 Date issued/filed: 2015-04-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/08/2015) regarding 27 DECISION Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00902-UNJ Document 31 Filed 04/29/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-902V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PATRICIA K. PATTERSON, * * Petitioner, * Filed: April 8, 2015 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”) SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner Linda Sara Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On November 13, 2013, Patricia K. Patterson filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) and related complications 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 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.) 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-00902-UNJ Document 31 Filed 04/29/15 Page 2 of 7 Respondent denies that Petitioner’s GBS and any related medical problems were caused by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed April 6, 2015 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 lump sum of $460,396.07, in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); and A lump sum of $39,603.93, which amounts represents reimbursement of a State of New York Medicaid lien, in the form of a check payable jointly to the Petitioner and New York State Department of Health P.O. Box 415874 Boston, Massachusetts 02241-5874 Attn: Susan G. Fittos Maestro File # 149640 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 filing notice renouncing their right to seek review. 2 Case 1:13-vv-00902-UNJ Document 31 Filed 04/29/15 Page 3 of 7 Case 1:13-vv-00902-UNJ Document 31 Filed 04/29/15 Page 4 of 7 Case 1:13-vv-00902-UNJ Document 31 Filed 04/29/15 Page 5 of 7 Case 1:13-vv-00902-UNJ Document 31 Filed 04/29/15 Page 6 of 7 Case 1:13-vv-00902-UNJ Document 31 Filed 04/29/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00902-1 Date issued/filed: 2015-06-26 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/03/2015) regarding 33 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00902-UNJ Document 36 Filed 06/26/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-902V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PATRICIA K. PATTERSON, * * Filed: June 3, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Matthew F. Belanger, Rochester, NY, for Petitioner Linda Renzi, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On November 13, 2013, Patricia Patterson filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). On April 6, 2015, 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. On June 3, 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 $45,000.00, in the form of a check payable to Petitioner and Petitioner’s 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-00902-UNJ Document 36 Filed 06/26/15 Page 2 of 2 counsel. This amount represents a sum to which respondent does not object. In addition, and in compliance with General Order No. 9, Petitioner has represented that she 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 in the amount of $45,000.00 payable jointly to Petitioner and Petitioner’s counsel, Matthew F. Belanger, 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.