VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00523 Package ID: USCOURTS-cofc-1_14-vv-00523 Petitioner: Laura Broomfield Filed: 2014-06-20 Decided: 2015-06-17 Vaccine: influenza Vaccination date: 2012-11-15 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 142500 AI-assisted case summary: Laura Broomfield filed a petition on June 20, 2014, alleging that an influenza vaccine administered on November 15, 2012, caused her to suffer from Guillain-Barré syndrome (GBS) and its residual effects for more than six months. Respondent denied that the flu immunization caused her alleged GBS. The parties subsequently filed a joint stipulation for damages, agreeing that compensation should be awarded. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Laura Broomfield was awarded a lump sum of $142,500.00 for all items of damages. A separate decision addressed attorneys' fees and costs. The parties filed a stipulation for attorneys' fees and costs in the amount of $31,000.00, which Special Master Dorsey approved. This amount was to be paid jointly to petitioner Laura Broomfield and her attorney, Jay Ankur Bansal. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Laura Broomfield alleged that an influenza vaccine administered on November 15, 2012, caused her to suffer from Guillain-Barré syndrome (GBS) and its residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award of $142,500.00 for all items of damages. Attorneys' fees and costs were stipulated at $31,000.00, jointly payable to petitioner and her attorney, Jay Ankur Bansal. Special Master Nora Beth Dorsey adopted the stipulation as the decision of the court. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00523-0 Date issued/filed: 2015-06-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/27/2015) regarding 24 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00523-UNJ Document 32 Filed 06/17/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-523V Filed: May 27, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED LAURA BROOMFIELD, * * Petitioner, * Special Master Dorsey * v. * * SECRETARY OF HEALTH * Joint Stipulation on Damages; AND HUMAN SERVICES, * Influenza (Flu) Vaccine; Guillain- * Barré Syndrome (GBS). Respondent. * * * * * * * * * * * * * * * * * * Jay Ankur Bansal, Law Offices of Jay A. Bansal, Tempe, AZ, for petitioner. Claudia Barnes Gangi, United States Department of Justice, Washington, DC, for respondent. DECISION1 On June 20, 2014, Laura Broomfield (“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”) vaccine administered to her on November 15, 2012, caused her to suffer from Guillain-Barré syndrome (“GBS”). Petition at 1-2. Petitioner further alleged that she suffered the residual effects or complications of her vaccine injury for more than six months. Id. at 2. On May 26, 2015, the parties filed a stipulation, stating that a decision should be entered awarding compensation. 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. 1 Case 1:14-vv-00523-UNJ Document 32 Filed 06/17/15 Page 2 of 7 Respondent denies that the flu immunization is the cause of petitioner’s alleged GBS and/or any other injury. Nevertheless, the parties agree to the 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 stipulated that petitioner shall receive the following compensation: A lump sum of $142,500.00, in the form of a check payable to petitioner. This amount represent compensation for all items of damages that would be available under 42 U.S.C. § 300-aa-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/ Nora Beth Dorsey Nora Beth Dorsey 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-00523-UNJ Document 32 Filed 06/17/15 Page 3 of 7 Case 1:14-vv-00523-UNJ Document 32 Filed 06/17/15 Page 4 of 7 Case 1:14-vv-00523-UNJ Document 32 Filed 06/17/15 Page 5 of 7 Case 1:14-vv-00523-UNJ Document 32 Filed 06/17/15 Page 6 of 7 Case 1:14-vv-00523-UNJ Document 32 Filed 06/17/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00523-1 Date issued/filed: 2015-06-17 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/27/2015) regarding 25 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00523-UNJ Document 33 Filed 06/17/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 27, 2015 * * * * * * * * * * * * * * UNPUBLISHED LAURA BROOMFIELD, * No. 14-523v * Petitioner, * Special Master Dorsey * v. * * Attorneys’ Fees and Costs; SECRETARY OF HEALTH * Reasonable Amount Requested to which AND HUMAN SERVICES, * Respondent Does not Object. * Respondent. * * * * * * * * * * * * * * * Jay Ankur Bansal, Law Offices of Jay A. Bansal, Tempe, AZ, for petitioner. Claudia Barnes Gangi, United States Department of Justice, Washington, DC, for respondent. ATTORNEYS’ FEES AND COSTS DECISION1 On June 20, 2014, Laura Broomfield (“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”) vaccine administered to her on November 15, 2012, caused her to suffer from Guillain-Barré syndrome (“GBS”). Petition at 1-2. On May 27, 2015, the undersigned entered a decision awarding compensation to petitioner based on a stipulation filed by the parties. On May 27, 2015, the parties filed a Stipulation of Facts Concerning Attorney’s Fees and 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, 116 Stat. 2899, 2913 (Dec. 17, 2002). 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). Otherwise, the entire 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. 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-00523-UNJ Document 33 Filed 06/17/15 Page 2 of 2 Costs. According to the stipulation, the parties stipulate to a total award to petitioner of attorneys’ fees and costs in the amount of $31,000.00. In accordance with General Order #9, petitioner’s counsel states that petitioner did not advance any reimbursable costs in pursuit of this claim. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection by respondent, the undersigned GRANTS the request for approval and payment of attorneys’ fees and costs. Accordingly, an award should be made as follows: in the form of a check jointly payable to petitioner and to petitioner’s attorney, Jay A. Bansal, in the amount of $31,000.00. 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/Nora Beth Dorsey Nora Beth Dorsey 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