VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00073 Package ID: USCOURTS-cofc-1_14-vv-00073 Petitioner: Thomas Hopkins Filed: 2014-01-27 Decided: 2015-06-08 Vaccine: influenza Vaccination date: 2011-09-22 Condition: chronic inflammatory demyelinating polyneuropathy Outcome: compensated Award amount USD: 242999 AI-assisted case summary: Thomas Hopkins filed a petition under the National Vaccine Injury Compensation Program on January 27, 2014, alleging that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccine administered on September 22, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Hopkins' condition or any other injury or disability. Despite the denial, the parties reached a joint stipulation for damages. Special Master Lisa Hamilton-Fieldman adopted this stipulation, awarding Mr. Hopkins a lump sum of $225,000.00 for all damages. Subsequently, the parties filed another stipulation regarding attorneys' fees and costs. The Special Master approved an award of $17,999.50 for attorneys' fees and costs, payable jointly to Mr. Hopkins and his counsel, Ronald Craig Homer of Conway, Homer & Chin-Caplan, P.C. Additionally, Mr. Hopkins was awarded $4.91 for costs incurred directly by him. The total compensation awarded to Mr. Hopkins was $242,999.50. The case was resolved through these stipulations, and judgment was entered accordingly. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation. Theory of causation field: Petitioner Thomas Hopkins alleged that an influenza vaccine administered on September 22, 2011, caused his chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties reached a joint stipulation for damages, which was adopted by Special Master Lisa Hamilton-Fieldman. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. The award consisted of a $225,000.00 lump sum for damages, plus $17,999.50 for attorneys' fees and costs and $4.91 for petitioner's costs, totaling $242,999.50. The decision was issued on January 5, 2015, with a subsequent decision on fees and costs on May 15, 2015. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Claudia Barnes Gangi. Special Master Lisa Hamilton-Fieldman presided. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00073-0 Date issued/filed: 2015-01-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/5/2015) regarding 22 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00073-UNJ Document 26 Filed 01/26/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-73V Filed: January 5, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED THOMAS HOPKINS, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Chronic * Inflammatory Demyelinating SECRETARY OF HEALTH * Polyneuropathy (“CIDP”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., for Petitioner. Claudia Barnes Gangi, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 0F On January 27, 2014, Thomas Hopkins (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). 1F Petitioner alleges that he suffered from chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of an influenza (“flu”) vaccine administered to him on September 22, 2011. On January 2, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling 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 1:14-vv-00073-UNJ Document 26 Filed 01/26/15 Page 2 of 7 Respondent denies that the flu vaccine caused Petitioner’s Guillian-Barré syndrome (“GBS”), CIDP, any other injury, or his current disabilities. Nevertheless, the parties agree to the 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 lump sum of $225,000.00, 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). 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 2F 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 CCaassee 11::1144--vvvv--0000007733--UUNNJJ DDooccuummeenntt 2216 FFiilleedd 0011//0226//1155 PPaaggee 13 ooff 57 CCaassee 11::1144--vvvv--0000007733--UUNNJJ DDooccuummeenntt 2216 FFiilleedd 0011//0226//1155 PPaaggee 24 ooff 57 CCaassee 11::1144--vvvv--0000007733--UUNNJJ DDooccuummeenntt 2216 FFiilleedd 0011//0226//1155 PPaaggee 35 ooff 57 CCaassee 11::1144--vvvv--0000007733--UUNNJJ DDooccuummeenntt 2216 FFiilleedd 0011//0226//1155 PPaaggee 46 ooff 57 CCaassee 11::1144--vvvv--0000007733--UUNNJJ DDooccuummeenntt 2216 FFiilleedd 0011//0226//1155 PPaaggee 57 ooff 57 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00073-1 Date issued/filed: 2015-06-08 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 5/15/2015) regarding 30 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00073-UNJ Document 31 Filed 06/08/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-73 Filed: May 15, 2015 * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED THOMAS HOPKINS, * * 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. * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner. Claudia Gangi, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On January 27, 2014, Thomas Hopkins (“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 he suffered from chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of the administration of an influenza (“flu”) vaccine on September 22, 2011. On January 5, 2015, the undersigned issued a decision awarding compensation to Petitioner. On May 15, 2015, Respondent filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $17,999.50 in attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner and his counsel represent that Petitioner personally incurred costs in the amount of $4.91. See Petitioner and Counsel Statement, filed May 14, 2015. 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. 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 1:14-vv-00073-UNJ Document 31 Filed 06/08/15 Page 2 of 2 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 amounts seem reasonable and appropriate. Accordingly, the undersigned hereby awards the amount of $17,999.50, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Ronald Homer, of the law firm of Conway, Homer & Chin-Caplan, P.C. The undersigned also awards the amount of $4.91, in the form of a check made payable solely to Petitioner. 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 D. Hamilton-Fieldman Lisa D. 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