VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00410 Package ID: USCOURTS-cofc-1_14-vv-00410 Petitioner: John Ciprus Filed: 2015-04-08 Decided: 2015-05-01 Vaccine: influenza Vaccination date: 2012-10-17 Condition: Bell's Palsy Outcome: compensated Award amount USD: 216883 AI-assisted case summary: John Ciprus filed a petition on April 8, 2015, alleging that he suffered from Bell's Palsy as a result of receiving an influenza vaccine on October 17, 2012. He further alleged that he experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused his condition or any other injury. Despite this denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as the decision of the court. Mr. Ciprus was awarded a lump sum of $200,000.00 for all damages. Additionally, the parties filed a separate stipulation for attorneys' fees and costs. Mr. Ciprus requested $14,257.50 for attorneys' fees and $2,626.34 for attorneys' costs, totaling $16,883.84. The court found the petition was brought in good faith with a reasonable basis and awarded the requested amount for fees and costs, payable jointly to Mr. Ciprus and his attorney. The total compensation awarded to Mr. Ciprus was $216,883.84. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00410-0 Date issued/filed: 2015-05-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/08/2015) regarding 21 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00410-UNJ Document 28 Filed 05/01/15 Page 1 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 14-410V Filed: April 8, 2015 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * JOHN CIPRUS, * * Petitioner, * Stipulation; Flu; Bell’s Palsy v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Edward M. Kraus, Esq., Law Offices of Chicago Kent, Chicago, IL for petitioner. Lisa Watts, Esq., U.S. Department of Justice, Washington, DC for respondent. DECISION ON JOINT STIPULATION1 Gowen, Special Master: On May 13, 2014, John Ciprus (“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 as a result of receiving a flu vaccine on October 17, 2012, he suffered from Bell’s Palsy. Stipulation ¶ 2, 4, filed Apr. 8, 2015. Further, petitioner alleged that he experienced residual effects of this injury for more than six months. Id. at ¶ 4. On April 8, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccine caused petitioner’s alleged Bell’s palsy, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned 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. Case 1:14-vv-00410-UNJ Document 28 Filed 05/01/15 Page 2 of 7 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 $200,000.00 in the form of a check payable to petitioner, John Ciprus. This amount represents compensation for all damages that would be available under § 300aa-15(a). The undersigned approves the requested amount for petitioner’s compensation. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen 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. Case 1:14-vv-00410-UNJ Document 28 Filed 05/01/15 Page 3 of 7 Case 1:14-vv-00410-UNJ Document 28 Filed 05/01/15 Page 4 of 7 Case 1:14-vv-00410-UNJ Document 28 Filed 05/01/15 Page 5 of 7 Case 1:14-vv-00410-UNJ Document 28 Filed 05/01/15 Page 6 of 7 Case 1:14-vv-00410-UNJ Document 28 Filed 05/01/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00410-1 Date issued/filed: 2015-05-01 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/08/2015) regarding 22 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00410-UNJ Document 29 Filed 05/01/15 Page 1 of 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 14-410V Filed: April 8, 2015 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * JOHN CIPRUS, * * Petitioner, * Stipulation; Attorneys’ Fees & Costs v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Edward M. Kraus, Esq., Law Offices of Chicago Kent, Chicago, IL for petitioner. Lisa Watts, Esq., U.S. Department of Justice, Washington, DC for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Gowen, Special Master: In this case under the National Vaccine Injury Compensation Program,2 I issued a Decision on April 8, 2015, adopting the parties’ stipulation for award. Additionally, on April 8, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and costs. Pursuant to General Order #9, the parties represented that petitioner has not personally incurred any litigation costs in this matter. The parties’ stipulation indicates that respondent does not object to the amended amount of $14,257.50 that petitioner is requesting for attorneys’ fees and $2,626.34 in attorneys’ cost, for a total amount of $16,883.84. I find 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 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to 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 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will delete such material from public access. 2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). Case 1:14-vv-00410-UNJ Document 29 Filed 05/01/15 Page 2 of 2 reasonable and appropriate. Accordingly, I hereby award: • a lump sum of $16,883.84 in the form of a check payable jointly to petitioner and petitioner’s attorney, Edward Kraus, Esq., for petitioner’s attorneys’ fees and costs. The clerk of the court shall enter judgment in accordance herewith.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a).