VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00324 Package ID: USCOURTS-cofc-1_14-vv-00324 Petitioner: Norma P. Parrish aka Armandina Parrish Filed: 2015-04-15 Decided: 2015-09-10 Vaccine: influenza Vaccination date: 2012-09-14 Condition: acute disseminated encephalomyelitis (ADEM) Outcome: compensated Award amount USD: 367000 AI-assisted case summary: On April 21, 2014, Theresa Parrish and Tracy Moreno, as co-independent administrators of the Estate of Norma P. Parrish, also known as Armandina Parrish, filed a petition for compensation. They alleged that an influenza vaccine administered to Mrs. Parrish on September 14, 2012, caused her to develop acute disseminated encephalomyelitis (ADEM) and subsequently led to her death on December 21, 2012. The petition stated that Mrs. Parrish's death was a sequela of the alleged vaccine-related injury and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mrs. Parrish's ADEM, any other injury, or her death. Despite the denial of causation, the parties reached a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable and adopted as the court's decision. The stipulation awarded a lump sum of $325,000.00, payable by check to the petitioners as co-independent administrators of Mrs. Parrish's estate, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on July 27, 2015, the petitioners filed a stipulation of fact concerning final attorneys' fees and costs. After an initial objection by the respondent to certain items in the petitioners' draft application, the parties amended the application to request $42,000.00, an amount to which the respondent did not object. Special Master Christian J. Moran awarded this amount in a lump sum, payable by check to the petitioners and their attorney, Jeffrey S. Pop of Jeffrey S. Pop & Associates, for attorneys' fees and other litigation costs available under 42 U.S.C. § 300aa-15(e). The total compensation awarded in this case was $367,000.00. Theory of causation field: Petitioners alleged that an influenza vaccine administered on September 14, 2012, caused Norma P. Parrish to develop acute disseminated encephalomyelitis (ADEM), leading to her death on December 21, 2012. The respondent denied causation. The case was resolved via a joint stipulation for compensation. The public decision does not describe the specific mechanism of causation, expert testimony, onset of symptoms, clinical details, or diagnostic tests. The theory of causation is based on the Vaccine Injury Table. Petitioners Theresa Parrish and Tracy Moreno, as co-independent administrators of the Estate of Norma P. Parrish, were represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates. The respondent was represented by Jennifer Reynaud of the United States Department of Justice. Special Master Christian J. Moran issued the decision adopting the stipulation on March 19, 2015, awarding $325,000.00 for damages. A subsequent decision on September 10, 2015, awarded $42,000.00 for attorneys' fees and costs, bringing the total award to $367,000.00. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00324-0 Date issued/filed: 2015-04-15 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 03/19/2015) regarding 24 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00324-UNJ Document 28 Filed 04/15/15 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * THERESA PARRISH and TRACY * MORENO, as co-independent * No. 14-324V administrators of THE ESTATE OF * Special Master Christian J. Moran NORMA P. PARRISH AKA * ARMANDINA PARRISH, * * Filed: March 19, 2015 Petitioners, * v. * * Stipulation; influenza (“flu”) vaccine; SECRETARY OF HEALTH * acute disseminated encephalomyelitis AND HUMAN SERVICES, * (“ADEM”); death. * Respondent. * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioners; Jennifer Reynaud, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On March 16, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Jeanette Parrish, as the daughter of Norma P. Parrish, aka Armandina Parrish (“Mrs. Parrish”), on April 21, 2014.2 The petition seeks compensation for injuries and death allegedly related to Mrs. Parrish’s receipt of an influenza (“flu”) vaccine, which is contained in the Vaccine Injury 1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. 2 On December 10, 2014, the Court substituted Theresa Parrish and Tracy Moreno, Co- Independent Administrators of Mrs. Parrish’s estate, as petitioners. Case 1:14-vv-00324-UNJ Document 28 Filed 04/15/15 Page 2 of 8 Table (the “Table”), 42 C.F.R. §100.3(a), and which Mrs. Parrish received on September 14, 2012, caused Mrs. Parrish to suffer acute disseminated encephalomyelitis (“ADEM”). Mrs. Parrish passed away on December 21, 2012. Petitioners further alleges that Mrs. Parrish’s death was the sequela of her alleged vaccine-related injury. Petitioners represent that there has been no prior award or settlement of a civil action for damages on behalf of Mrs. Parrish as a result of her alleged condition or her death. Respondent denies that the flu vaccine caused Mrs. Parrish’s alleged ADEM, any other injury, or her death. Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum of $325,000.00 in the form of a check payable to petitioners, as Co-Independent Administrators of the Estate of Norma P. Parrish, a.k.a. Armandina Parrish. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 14-324V according to this decision and the attached stipulation.3 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6360. IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 CCaassee 11::1144--vvvv--0000332244--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0034//1165//1155 PPaaggee 13 ooff 68 CCaassee 11::1144--vvvv--0000332244--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0034//1165//1155 PPaaggee 24 ooff 68 CCaassee 11::1144--vvvv--0000332244--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0034//1165//1155 PPaaggee 35 ooff 68 CCaassee 11::1144--vvvv--0000332244--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0034//1165//1155 PPaaggee 46 ooff 68 CCaassee 11::1144--vvvv--0000332244--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0034//1165//1155 PPaaggee 57 ooff 68 CCaassee 11::1144--vvvv--0000332244--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0034//1165//1155 PPaaggee 68 ooff 68 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00324-1 Date issued/filed: 2015-09-10 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/29/2015) regarding 30 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00324-UNJ Document 33 Filed 09/10/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * THERESA PARRISH and TRACY * MORENO, as co-independent administrators * No. 14-324V of THE ESTATE OF NORMA P. * Special Master Christian J. Moran PARRISH AKA ARMANDINA PARRISH, * * Petitioners, * Filed: July 29, 2015 * v. * Attorneys’ fees and costs; award in * the amount to which respondent SECRETARY OF HEALTH * does not object. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioners; Jennifer Reynaud, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION ON FEES AND COSTS1 On July 27, 2015, petitioners filed a stipulation of fact concerning final attorneys’ fees and costs in the above-captioned matter. Previously, petitioners informally submitted a draft application for attorneys’ fees and costs to respondent for review. Upon review of petitioners’ application, respondent raised objections to certain items. Based on subsequent discussions, petitioners amended their application to request $42,000.00, an amount to which respondent does not object. The Court awards this amount. 1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this ruling on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. 1 Case 1:14-vv-00324-UNJ Document 33 Filed 09/10/15 Page 2 of 2 On April 21, 2014, Theresa Parrish and Tracy Moreno filed a petition for compensation on behalf of Norma P. Parrish, aka Armandina Parrish (“Mrs. Parrish), alleging that the influenza (“flu”) vaccine, which Mrs. Parrish received on September 14, 2012, caused her to suffer acute disseminated encephalomyelitis (“ADEM”) resulting in death. Petitioners received compensation based upon the parties’ stipulation. Decision, issued Mar. 19, 2015. Because petitioners received compensation, they are entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). Petitioners seeks a total of $42,000.00 in attorneys’ fees and costs. In compliance with General Order No. 9, petitioners represent that they did not incur any out-of-pocket litigation expenses while pursuing this claim. Respondent has no objection to the amount requested for attorneys’ fees and costs. After reviewing the request, the Court awards the following: A lump sum of $42,000.00 in the form of a check made payable to petitioners and petitioners’ attorney, Jeffrey S. Pop, of Jeffrey S. Pop and Associates, for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa-15(e). The Court thanks the parties for their cooperative efforts in resolving this matter. The Clerk shall enter judgment accordingly. Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2