VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00629 Package ID: USCOURTS-cofc-1_14-vv-00629 Petitioner: Imrana Mumtaz Filed: 2014-12-31 Decided: 2015-01-22 Vaccine: influenza Vaccination date: 2013-10-01 Condition: shoulder injury Outcome: compensated Award amount USD: 77500 AI-assisted case summary: Imrana Mumtaz filed a petition for compensation under the National Vaccine Injury Compensation Program on December 31, 2014, alleging that she suffered a shoulder injury with residual effects lasting more than six months as a result of receiving an influenza vaccine on October 1, 2013. The respondent denied that the vaccination caused the alleged injury. The parties reached a settlement, and on December 30, 2014, they filed a joint stipulation for award. The respondent agreed to pay Ms. Mumtaz a lump sum of $77,500.00 as compensation for all damages. On January 22, 2015, Special Master Denise Kathryn Vowell issued a decision awarding compensation based on the stipulation. Separately, on January 5, 2015, the parties filed a stipulation for attorney fees and costs, agreeing to a total award of $14,500.00, which was also approved by Special Master Vowell on January 22, 2015. Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Lara Englund of the United States Department of Justice. Theory of causation field: Petitioner Imrana Mumtaz alleged a shoulder injury (SIRVA) following an influenza vaccination on October 1, 2013. The respondent denied causation. The parties reached a stipulation for award, agreeing to a lump sum of $77,500.00 for all damages. The Special Master accepted the stipulation and awarded compensation. The theory of causation was not detailed in the public decision, but the case was resolved via stipulation, indicating a potential "Table" theory or agreement to compensate without full litigation of causation. Petitioner counsel was Maximillian Muller, respondent counsel was Lara Englund, and the Special Master was Denise Kathryn Vowell. The award was issued on January 22, 2015, with attorney fees and costs of $14,500.00 also awarded on the same date. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00629-0 Date issued/filed: 2015-01-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/31/2014) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00629-UNJ Document 26 Filed 01/22/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-629V Filed: December 31, 2014 * * * * * * * * * * * * * * * * * * * * * * * * * * * * IMRANA MUMTAZ, * * Petitioner, * Stipulation; Influenza; v. * Shoulder Injury (SIRVA) * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner. Lara Englund, United States Department of Justice, Washington, DC, for respondent. 1 DECISION ON JOINT STIPULATION Vowell, Special Master: On July 18, 2014, Imrana Mumtaz (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the “Vaccine Act” or “Program”]. Petitioner alleged that, as a result of receiving an influenza vaccine on October 1, 2013, she suffered a shoulder injury the residual effects of which lasted more than six months. (See Stipulation for Award, filed December 30, 2014, ¶¶ 1-4 (ECF No. 17).) Respondent denies that the influenza vaccination caused petitioner’s alleged shoulder injury or any other injury. (Id., ¶. 6.) 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be posted 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 redact 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 redact such material from public access. 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). Case 1:14-vv-00629-UNJ Document 26 Filed 01/22/15 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On December 30, 2014, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner: A lump sum of $77,500.00 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). (Id, ¶ 8.) I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. Case 1:14-vv-00629-UNJ Document 26 Filed 01/22/15 Page 3 of 7 Case 1:14-vv-00629-UNJ Document 26 Filed 01/22/15 Page 4 of 7 Case 1:14-vv-00629-UNJ Document 26 Filed 01/22/15 Page 5 of 7 Case 1:14-vv-00629-UNJ Document 26 Filed 01/22/15 Page 6 of 7 Case 1:14-vv-00629-UNJ Document 26 Filed 01/22/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00629-1 Date issued/filed: 2015-01-22 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 01/05/2015) regarding 21 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00629-UNJ Document 27 Filed 01/22/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-629V Filed: January 5, 2015 * * * * * * * * * * * * * * * * * * * * * * * * * * * * IMRANA MUMTAZ, * * Petitioner, * Attorney Fees and Costs; v. * Stipulation * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner. Lara Englund, United States Department of Justice, Washington, DC, for respondent. 1 DECISION ON ATTORNEY FEES AND COSTS Vowell, Special Master: On July 18, 2014, Imrana Mumtaz (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the “Vaccine Act” or “Program”]. Petitioner alleged that, as a result of receiving an influenza vaccine on October 1, 2013, she suffered a shoulder injury the residual effects of which lasted more than six months. (See Stipulation for Award, filed December 30, 2014, ¶¶ 1-4 (ECF No. 17).) On December 31, 2014, I issued a decision awarding compensation to petitioner based on the parties’ stipulation. 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be posted 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 redact 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 redact such material from public access. 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). Case 1:14-vv-00629-UNJ Document 27 Filed 01/22/15 Page 2 of 2 On January 5, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. (ECF No. 19.) According to the stipulation, the parties agree upon a total award of attorneys’ fees and costs to petitioner in the amount of $14,500.00. (Id.) In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses. (Id.) The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). I find the proposed amount to be reasonable. Accordingly, I award the total $14,500.00 3 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Maximillian J. Muller. The clerk of the court shall enter judgment in accordance herewith. 4 IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell Special Master 3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y HHS, 924 F.2d 1029 (Fed. Cir.1991). 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.