VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00074 Package ID: USCOURTS-cofc-1_14-vv-00074 Petitioner: Barbara Riffle Filed: 2014-01-27 Decided: 2015-10-07 Vaccine: influenza Vaccination date: 2013-01-15 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 337126 AI-assisted case summary: Barbara Riffle filed a petition on January 27, 2014, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on January 15, 2013, caused her to develop Guillain-Barré Syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's condition. The parties subsequently filed a joint stipulation on September 16, 2015, agreeing to an award of compensation. The stipulation stated that Petitioner would receive a lump sum of $310,000.00 for all damages. On September 18, 2015, the parties filed a separate stipulation for attorneys' fees and costs, agreeing to an award of $27,126.25. Special Master Lisa Hamilton-Fieldman reviewed the stipulations, found them reasonable, and adopted them as the decision of the Court. Judgment was entered accordingly. The total compensation awarded to Petitioner was $337,126.25. Theory of causation field: Petitioner Barbara Riffle alleged that an influenza vaccine administered on January 15, 2013, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The Special Master, Lisa Hamilton-Fieldman, approved the stipulation, awarding Petitioner $310,000.00 for all damages and $27,126.25 for attorneys' fees and costs, for a total award of $337,126.25. Judgment was entered on October 7, 2015. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00074-0 Date issued/filed: 2015-10-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/16/2015) regarding 41 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00074-UNJ Document 50 Filed 10/07/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-74V Filed: September 16, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED BARBARA RIFFLE, * * 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. Michael P. Milmoe, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On January 27, 2014, Barbara Riffle (“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 an influenza (“flu”) vaccination administered on January 15, 2013 caused her to develop Guillain-Barré Syndrome (“GBS”). Petition (“Pet.”) at 1-3. On September 16, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Stipulation, ECF No. 40. 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 1:14-vv-00074-UNJ Document 50 Filed 10/07/15 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 $310,000.00, in the form of a check payable to Petitioner, representing 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 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 1:14-vv-00074-UNJ Document 50 Filed 10/07/15 Page 3 of 7 Case 1:14-vv-00074-UNJ Document 50 Filed 10/07/15 Page 4 of 7 Case 1:14-vv-00074-UNJ Document 50 Filed 10/07/15 Page 5 of 7 Case 1:14-vv-00074-UNJ Document 50 Filed 10/07/15 Page 6 of 7 Case 1:14-vv-00074-UNJ Document 50 Filed 10/07/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00074-1 Date issued/filed: 2015-10-13 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/21/2015) regarding 45 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00074-UNJ Document 51 Filed 10/13/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-74V Filed: September 21, 2015 * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED BARBARA RIFFLE, * * 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, and Toale, PA, Washington, DC, for Petitioner. Michael P. Milmoe, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On January 27, 2014, Barbara Riffle (“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 January 15, 2013, caused her to suffer from Guillain-Barré Syndrome (“GBS”). Petition (“Pet.”) at 1-3. On September 16, 2015, the undersigned filed a decision awarding compensation to Petitioner. Decision, ECF No. 41. On September 18, 2015, Petitioner filed a “Stipulation of Fact Concerning Attorneys’ Fees and Costs”. Pursuant to their Stipulation, the parties have agreed to an award of $27,126.25 in attorneys’ fees and costs. Petitioner’s counsel represents that Petitioner has not incurred any costs in pursuit of his claim. Declaration, ECF No. 44. 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 $27,126.25, in the 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 1:14-vv-00074-UNJ Document 51 Filed 10/13/15 Page 2 of 2 form of a check made payable jointly to Petitioner and Petitioner’s counsel, Danielle A. Strait. 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