VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00779 Package ID: USCOURTS-cofc-1_14-vv-00779 Petitioner: Jaswinder Singh Filed: 2014-08-26 Decided: 2015-11-24 Vaccine: influenza Vaccination date: 2013-11-09 Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 291000 AI-assisted case summary: Jaswinder Singh filed a petition on August 26, 2014, alleging that he suffered injuries, including Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), as a result of receiving an influenza vaccine on November 9, 2013. He further alleged that he experienced residual effects of his injuries for more than six months. Respondent denies that the flu vaccination caused petitioner’s CIDP or any other injury. However, on August 17, 2015, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. The court adopted the stipulation, awarding Mr. Singh a lump sum of $270,000.00 for all damages and an additional $82,706.12 to be paid jointly to Mr. Singh and the Department of Health Care Services. Subsequently, on November 2, 2015, the parties filed a stipulation for attorneys' fees and costs. The court granted the request, awarding $21,000.00 in attorneys' fees and costs, payable jointly to Mr. Singh and his attorneys. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00779-0 Date issued/filed: 2015-09-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/19/2015) regarding 28 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00779-UNJ Document 32 Filed 09/17/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-779V Filed: August 19, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED JASWINDER SINGH, * * Special Master Gowen Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Chronic Inflammatory SECRETARY OF HEALTH * Demyelinating Polyneuropathy AND HUMAN SERVICES, * (“CIDP”). * Respondent. * * * * * * * * * * * * * * * * * * Amber D. Wilson, Maglio Christopher & Toale, PA, Washington, D.C., for petitioner. Traci R. Patton, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 26, 2014, Jaswinder Singh (“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 an influenza (“flu”) vaccine on November 9, 2013, he suffered injuries, including Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Petition at ¶ 2, 12. Further, petitioner alleged that he experienced residual effects of his injuries for more than six months. Id. at ¶ 12. 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-00779-UNJ Document 32 Filed 09/17/15 Page 2 of 7 On August 17, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s CIDP or any other injury. Stipulation at ¶ 6. 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 stipulate that petitioner shall receive the following compensation: 1) A lump sum of $270,000.00, in the form of a check payable to petitioner, Jaswinder Singh; and 2) A lump sum of $82,706.12, in the form of a check payable jointly to petitioner and Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account No.: C98728920C-VAC03 DHCS Case Name: Jaswinder Singh Petitioner agrees to endorse the check to the CA Department of Health Care Services. These amounts represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The undersigned approves the requested amounts for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. 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. 2 Case 1:14-vv-00779-UNJ Document 32 Filed 09/17/15 Page 3 of 7 Case 1:14-vv-00779-UNJ Document 32 Filed 09/17/15 Page 4 of 7 Case 1:14-vv-00779-UNJ Document 32 Filed 09/17/15 Page 5 of 7 Case 1:14-vv-00779-UNJ Document 32 Filed 09/17/15 Page 6 of 7 Case 1:14-vv-00779-UNJ Document 32 Filed 09/17/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00779-1 Date issued/filed: 2015-11-24 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/3/2015) regarding 34 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00779-UNJ Document 37 Filed 11/24/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-779V Filed: November 3, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED JASWINDER SINGH , * * Special Master Gowen Petitioner, * * Stipulation; v. * Attorneys’ Fees and Costs * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * Amber D. Wilson, Maglio Christopher and Toale, PA (DC), Washington, DC, for petitioner. Traci R. Patton, United States Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 On August 26, 2014, Jaswinder Singh (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of receiving an influenza (“flu”) vaccine on November 9, 2013, he developed chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petition at ¶ 2, 12. Further, petitioner alleged that he experienced residual effects of his injury for more than six months. Id. at ¶ 14. A Decision was issued on August 19, 2015, awarding compensation pursuant to the parties’ stipulation filed August 17, 2015. Judgment was entered August 25, 2015. 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 (2012) (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-00779-UNJ Document 37 Filed 11/24/15 Page 2 of 2 On November 2, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and costs. Petitioner requests that a total award of final attorneys’ fees and costs of $21,000.00 be issued. Stip. of Fact ¶ 5. Pursuant to General Order #9, petitioner’s counsel also represented that petitioner did not incur any reimbursable out-of-pocket expenses in this matter. Id. at ¶ 4. The parties’ stipulation indicates that respondent does not object to the amended amount of $21,000.00 in attorneys’ fees and costs that petitioner is requesting. 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 the parties’ stipulation, the undersigned GRANTS the request for approval and payment of attorneys’ fees and costs. Accordingly, I hereby award: (1) A lump sum of $21,000.00 in the form of a check payable jointly to petitioner and petitioner’s attorneys at Maglio Christopher & Toale, P.A., 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 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