VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00986 Package ID: USCOURTS-cofc-1_13-vv-00986 Petitioner: Virginia Merrihew Filed: 2013-12-12 Decided: 2015-05-12 Vaccine: influenza Vaccination date: 2012-09-30 Condition: Guillain-Barrè syndrome Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Virginia Merrihew filed a petition on December 12, 2013, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered from Guillain-Barrè syndrome (GBS) as a result of receiving an influenza vaccine on September 30, 2012, and that she experienced the effects of this injury for more than six months. The respondent denied that the flu vaccine caused Petitioner's alleged GBS or any other injury, and further denied that Petitioner's current disabilities were sequelae of a vaccine-related injury. Despite these positions, both parties entered into a stipulation to settle the case, agreeing that a decision should be entered awarding Petitioner compensation. Special Master Brian H. Corcoran reviewed the file and concluded that the parties' stipulation was reasonable, adopting it as his decision. The stipulation awarded Virginia Merrihew a lump sum of $70,000.00, payable to her, as compensation for all remaining damages. Subsequently, on April 16, 2015, counsel for both parties filed a joint stipulation regarding attorney's fees and costs. They agreed to an award of $15,612.00, payable jointly to Petitioner and her counsel, F. John Caldwell, Jr. Special Master Brian H. Corcoran approved this stipulation as reasonable. Judgment was entered accordingly. Theory of causation field: Virginia Merrihew filed a petition on December 12, 2013, alleging that she suffered Guillain-Barrè syndrome (GBS) as a result of an influenza vaccine received on September 30, 2012. The respondent denied causation. The parties entered into a stipulation to settle the case. Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $70,000.00 for all remaining damages. Subsequently, a joint stipulation for attorney's fees and costs was filed, agreeing to an award of $15,612.00 payable jointly to Petitioner and her counsel, F. John Caldwell, Jr. Special Master Brian H. Corcoran approved both stipulations. The public decision does not describe the specific medical mechanism, expert testimony, or the basis for the stipulation regarding causation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00986-0 Date issued/filed: 2015-02-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/05/2015) regarding 24 DECISION Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00986-UNJ Document 28 Filed 02/02/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-986V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIRGINIA MERRIHEW, * Filed: January 5, 2015 * Petitioner, * * Decision by Stipulation; Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barrè Syndrome (“GBS”) SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Franklin J. Caldwell, Jr., Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner. Linda Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 12, 2013, Virginia Merrihew 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 September 30, 2012, she suffered from Guillain-Barrè syndrome (“GBS”), and that she experienced the effects of this injury for more than six months. Respondent denies that the flu vaccine caused Petitioner’s alleged GBS, or any other injury, and further denies that Petitioner’s current disabilities are sequelae of a vaccine-related 1 Because this decision 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 decision 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-00986-UNJ Document 28 Filed 02/02/15 Page 2 of 7 injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed January 2, 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 (as attached hereto) 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 $70,000.00, in the form of a check payable to Petitioner, Virginia Merrihew. Stipulation ¶ 8. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. ' 300aa-15(a). I approve a Vaccine Program award in the requested amounts 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 each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:13-vv-00986-UNJ Document 28 Filed 02/02/15 Page 3 of 7 Case 1:13-vv-00986-UNJ Document 28 Filed 02/02/15 Page 4 of 7 Case 1:13-vv-00986-UNJ Document 28 Filed 02/02/15 Page 5 of 7 Case 1:13-vv-00986-UNJ Document 28 Filed 02/02/15 Page 6 of 7 Case 1:13-vv-00986-UNJ Document 28 Filed 02/02/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00986-1 Date issued/filed: 2015-05-12 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/17/2015) regarding 31 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00986-UNJ Document 34 Filed 05/12/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-986V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIRGINIA MERRIHEW, * * Filed: April 17, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. John Caldwell Jr., Sarasota, FL, for Petitioner Linda Renzi, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On December 12, 2013, Virginia Merrihew filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). On January 2, 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 April 16, 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 $15,612.00, 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-00986-UNJ Document 34 Filed 05/12/15 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 $15,612.00 payable jointly to Petitioner and Petitioner’s counsel, F. John Caldwell, Jr., 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.