VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00264 Package ID: USCOURTS-cofc-1_14-vv-00264 Petitioner: Stacie Rublein Filed: 2015-09-22 Decided: 2015-10-05 Vaccine: Tdap Vaccination date: Condition: finger stiffness, aching fingers, fatigue, itching, serum sickness, and cubital tunnel syndrome Outcome: compensated Award amount USD: 20000 AI-assisted case summary: On April 7, 2014, Stacie Rublein filed a petition under the National Vaccine Injury Compensation Program, alleging that she suffered finger stiffness, aching fingers, fatigue, itching, serum sickness, and cubital tunnel syndrome as a result of receiving the tetanus-diphtheria-acellular pertussis (Tdap) vaccine. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her conditions. However, both parties agreed to settle the case through a stipulation filed on August 24, 2015. Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, awarding Petitioner a lump sum of $20,000.00 for all damages. This amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on September 11, 2015, the parties filed another stipulation regarding attorney's fees and costs. They agreed to an award of $12,645.28, payable jointly to Petitioner and her counsel, Gary A. Krochmal. Special Master Corcoran approved this award as reasonable and directed judgment to be entered. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Gary Krochmal of the Law Offices of Gary A. Krochmal, PLLC, and Respondent was represented by Althea Davis of the U.S. Department of Justice. Theory of causation field: Petitioner Stacie Rublein alleged that she suffered finger stiffness, aching fingers, fatigue, itching, serum sickness, and cubital tunnel syndrome as a result of receiving the tetanus-diphtheria-acellular pertussis (Tdap) vaccine. The respondent denied causation. The parties reached a settlement via stipulation, and the Special Master awarded compensation without detailing a specific theory of causation or medical evidence presented. The public decision does not describe the specific vaccine date, Petitioner's age at vaccination, the mechanism of injury, or any expert testimony. The settlement included a $20,000.00 lump sum award for all damages and a separate award of $12,645.28 for attorney's fees and costs, payable jointly to Petitioner and her counsel, Gary A. Krochmal. Special Master Brian H. Corcoran approved the stipulations on August 27, 2015, and October 5, 2015. Petitioner was represented by Gary Krochmal and Respondent by Althea Davis. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00264-0 Date issued/filed: 2015-09-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/27/2015) regarding 30 DECISION Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00264-UNJ Document 34 Filed 09/22/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-264V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * STACIE RUBLEIN, * * Petitioner, * Filed: August 27, 2015 * v. * Decision by Stipulation; Damages; * Tetanus-diphtheria-acellular * pertussis (“Tdap”) vaccine; cubital SECRETARY OF HEALTH AND * tunnel syndrome; serum sickness HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Gary Krochmal, Law Offices of Gary A. Krochmal, PLLC, Farmington Hills, MI, for Petitioner. Althea Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On April 7, 2014, Petitioner Stacie Rublein filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she suffered finger stiffness, aching fingers, fatigue, itching, serum sickness, and cubital tunnel syndrome, and related complications as a result of receiving the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine. Respondent denies that Petitioner’s medical problems were caused by the receipt of the Tdap vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). 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.) 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. 3758, codified as amended, 42 U.S.C.A. ' 300aa-10 to ' 300aa-34 (2012). Case 1:14-vv-00264-UNJ Document 34 Filed 09/22/15 Page 2 of 7 a stipulation filed August 24, 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 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 $20,000.00, 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. I approve a Vaccine Program award in the requested amount 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 jointly filing notice renouncing their right to seek review. 2 CCaassee 11::1144--vvvv--0000226644--UUNNJJ DDooccuummeenntt 2384 FFiilleedd 0089//2242//1155 PPaaggee 13 ooff 57 CCaassee 11::1144--vvvv--0000226644--UUNNJJ DDooccuummeenntt 2384 FFiilleedd 0089//2242//1155 PPaaggee 24 ooff 57 CCaassee 11::1144--vvvv--0000226644--UUNNJJ DDooccuummeenntt 2384 FFiilleedd 0089//2242//1155 PPaaggee 35 ooff 57 CCaassee 11::1144--vvvv--0000226644--UUNNJJ DDooccuummeenntt 2384 FFiilleedd 0089//2242//1155 PPaaggee 46 ooff 57 CCaassee 11::1144--vvvv--0000226644--UUNNJJ DDooccuummeenntt 2384 FFiilleedd 0089//2242//1155 PPaaggee 57 ooff 57 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00264-1 Date issued/filed: 2015-10-05 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/14/2015) regarding 33 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00264-UNJ Document 36 Filed 10/05/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-264V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * STACIE RUBLEIN, * * Filed: September 14, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Gary A. Krochmal, Law Offices of Gary A. Krochmal, Farmington Hills, MI, for Petitioner Althea Walker Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On April 7, 2014, Stacie Rublein filed a petition seeking compensation under the National Vaccine Injury Compensation Program. On August 24, 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 September 11, 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 $12,645.28, in the form of a check payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which Respondent does not object. In addition, and in 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). 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 1:14-vv-00264-UNJ Document 36 Filed 10/05/15 Page 2 of 2 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 $12,645.28 payable jointly to Petitioner and Petitioner’s counsel, Gary A. Krochmal, 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.