VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00136 Package ID: USCOURTS-cofc-1_14-vv-00136 Petitioner: Thomas Craig Self Filed: 2014-07-29 Decided: 2014-07-29 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 5000 AI-assisted case summary: Thomas Craig Self filed a petition for compensation under the National Vaccine Injury Compensation Program on July 29, 2014. The case proceeded to a decision regarding attorneys' fees and costs. The parties filed a stipulation of fact agreeing on the amount for attorneys' fees and costs. Petitioner's counsel, Bryant L. Lewis, asserted that the petitioner did not incur any costs. Respondent's counsel, Melonie J. McCall, raised objections to certain items in the petitioner's application during informal discussions. Based on these objections, the petitioner amended his request for attorneys' fees and costs to $5,000.00. The respondent did not object to this amended amount. Special Master Laura D. Millman found the amount to be reasonable and awarded $5,000.00 in attorneys' fees and costs. The award was to be paid by check jointly to the petitioner and his attorneys, Lewis & Johnson. Judgment was to be entered unless a motion for review was filed. Theory of causation field: The public decision does not describe the petitioner's vaccination details, alleged injury, or the theory of causation. The case was decided based on a stipulation of fact regarding attorneys' fees and costs. Petitioner Thomas Craig Self was represented by Bryant L. Lewis, and the respondent was represented by Melonie J. McCall. Special Master Laura D. Millman awarded $5,000.00 for attorneys' fees and costs on July 29, 2014, based on a joint stipulation between the parties after the respondent raised objections to the initial request. The award was payable jointly to the petitioner and his attorneys, Lewis & Johnson. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00136-0 Date issued/filed: 2014-07-02 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/10/2014) regarding 11 Order Concluding Proceedings Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00136-UNJ Document 12 Filed 07/02/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-136V June 10, 2014 Not to be Published *************************************** THOMAS CRAIG SELF, * * Petitioner, * * v. * Voluntary Dismissal under * Vaccine Rule 21(a) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * *************************************** Bryant L. Lewis, Knoxville, TN, for petitioner. Melonie J. McCall, Washington, DC, for respondent. MILLMAN, Special Master ORDER CONCLUDING PROCEEDINGS1 On February 18, 2014, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa–10-34 (2006), alleging that influenza vaccination on October 28, 2011 caused him to have the Miller-Fisher variant of Guillain-Barré Syndrome (“GBS”) five and one-quarter months later. 1 Because this unpublished order concluding proceedings contains a reasoned explanation for the special master's action in this case, the special master intends to post this unpublished order concluding proceedings on the United States Court of Federal Claims's website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the categories listed above, the special master shall redact such material from public access. Case 1:14-vv-00136-UNJ Document 12 Filed 07/02/14 Page 2 of 2 On March 21, 2014, the undersigned issued an Order to Show Cause why this case should not be dismissed since the onset of petitioner’s Miller-Fisher variant of GBS exceeded her two-month limit for causation. See Corder v. Sec’y of HHS, No. 08-228V, 2011 WL 2469736 (Fed. Cl. Spec. Mstr. May 31, 2011) (onset of GBS four months after flu vaccination was too long to be appropriate for causation; two months is the outer limit). On March 25, 2014, the undersigned held a telephonic status conference with counsel. Petitioner’s counsel said he had discussed the undersigned’s Order to Show Cause with petitioner. Counsel was trying to persuade petitioner to see his neurologist to ask him the questions the undersigned raised in the Order to Show Cause. On May 12, 2014, the undersigned held another telephonic status conference with counsel. Petitioner’s counsel said he intended to withdraw if he could not find an expert to write a report for petitioner. On June 10, 2014, petitioner filed a voluntary dismissal under Vaccine Rule 21(a). CONCLUSION Proceedings are concluded in this case. IT IS SO ORDERED. June 10, 2014 s/Laura D. Millman DATE Laura D. Millman Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00136-1 Date issued/filed: 2014-08-19 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/29/2014) regarding 14 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00136-UNJ Document 18 Filed 08/19/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-136V Filed: July 29, 2014 Not for Publication ************************************* THOMAS CRAIG SELF, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Bryant L. Lewis, Knoxville, TN, for petitioner. Melonie J. McCall, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On July 29, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with the General Order #9 requirement, petitioner’s counsel asserts that petitioner did not incur any costs in pursuit of his petition. Petitioner submitted his request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:14-vv-00136-UNJ Document 18 Filed 08/19/14 Page 2 of 2 amends his application for attorneys’ fees and costs to $5,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $5,000.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Lewis & Johnson in the amount of $5,000.00. 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.2 IT IS SO ORDERED. Dated: July 29, 2014 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2