VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-01005 Package ID: USCOURTS-cofc-1_13-vv-01005 Petitioner: Sarah Williamson Filed: 2013-12-19 Decided: 2015-12-30 Vaccine: influenza Vaccination date: 2012-10-24 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 51402.51 AI-assisted case summary: Sarah Williamson filed a petition under the National Vaccine Injury Compensation Program alleging that an influenza vaccine administered on October 24, 2012, caused her to develop Guillain-Barré Syndrome (GBS). The parties later filed a joint stipulation agreeing that compensation should be awarded. Respondent denied that the vaccine caused her condition but agreed to the stipulation. The court approved the stipulation, awarding Sarah Williamson a total of $33,399.81 to reimburse the State of Nebraska Department of Human Services for a medical lien and $155,000.00 for all remaining damages. Subsequently, on December 7, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $18,002.71. The court found the petition was brought in good faith and awarded the agreed-upon fees and costs. The total compensation awarded to Sarah Williamson, including damages and attorneys' fees and costs, was $51,402.51. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-01005-0 Date issued/filed: 2015-10-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/25/15) regarding 38 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-01005-UNJ Document 42 Filed 10/16/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-1005V Filed: September 25, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED SARAH WILLIAMSON, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”). SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Danielle A. Strait, Maglio, Christopher, and Toale PA, Washington, D.C. for Petitioner. Julia W. McInerny, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On December 19, 2013, Sarah Williamson (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that a trivalent influenza (“flu”) vaccination administered on October 24, 2012 caused her to develop Guillain-Barré Syndrome (“GBS”). Petition (“Pet.”) at 1-3. On September 25, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Stipulation, ECF No. 37. Respondent denies that the flu vaccine caused Petitioner’s condition or any other injury. However, the parties agree to the 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision 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 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). 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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:13-vv-01005-UNJ Document 42 Filed 10/16/15 Page 2 of 7 joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: A. A lump sum of $33,399.81, for reimbursement of the State of Nebraska Department of Human Services for the Medical Lien, in the form of a check payable jointly to Petitioner and Nebraska Department of Human Services Third Party Recovery Attn.: Emil F. Spicka P.O. Box 95026 Lincoln, NE 68509-5026 Petitioner agrees to endorse this payment to the Nebraska Department of Human Services. B. A lump sum of $155,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation ¶ 8. The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. 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.3 IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:13-vv-01005-UNJ Document 42 Filed 10/16/15 Page 3 of 7 Case 1:13-vv-01005-UNJ Document 42 Filed 10/16/15 Page 4 of 7 Case 1:13-vv-01005-UNJ Document 42 Filed 10/16/15 Page 5 of 7 Case 1:13-vv-01005-UNJ Document 42 Filed 10/16/15 Page 6 of 7 Case 1:13-vv-01005-UNJ Document 42 Filed 10/16/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-01005-1 Date issued/filed: 2015-12-30 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/7/2015) regarding 45 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-01005-UNJ Document 48 Filed 12/30/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-1005V Filed: December 7, 2015 * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED SARAH WILLIAMSON, * * Special Master Hamilton-Fieldman Petitioner, * v. * Attorneys’ Fees and Costs; Reasonable * Amount Requested to which Respondent SECRETARY OF HEALTH * Does Not Object. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Danielle A. Strait, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Julia W. McInerny, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On December 19, 2013, Sarah Williamson (“Petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioner alleged that the administration of an influenza (“flu”) vaccine on October 24, 2012 caused her to suffer from Guillain-Barré Syndrome (“GBS”). Petition (“Pet.”) at 1-3. On September 25, 2015, the undersigned issued a decision awarding compensation to Petitioner. Decision, ECF No. 38. On December 7, 2015, Petitioner filed a Stipulation for Attorneys’ Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $18,002.71 in attorneys’ fees and costs. In accordance with General Order #9, Petitioner stated that she has not incurred any costs in pursuit of this claim. Declaration, ECF No. 43. The undersigned finds that this petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, the undersigned hereby awards the amount of $18,002.71, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Danielle A. 1 The undersigned intends to post this unpublished 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 Vaccine Rule 18(b), each party has 14 days within which to file a motion for redaction “of any information furnished by that party (1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of privacy.” In the absence of such motion, the entire decision will be available to the public. Id. 1 Case 1:13-vv-01005-UNJ Document 48 Filed 12/30/15 Page 2 of 2 Strait, of Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota, FL 34236. 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/ Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2