VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00845 Package ID: USCOURTS-cofc-1_14-vv-00845 Petitioner: McKenna Wojick Filed: 2014-12-17 Decided: 2015-11-16 Vaccine: hepatitis A and trivalent influenza Vaccination date: 2013-11-25 Condition: vasovagal syncope, loss of consciousness, fall, broken right central incisor, lacerations of her lower lip, a closed head injury with a brief loss of consciousness, a contusion of her jaw, and muscle strain Outcome: compensated Award amount USD: 100041 AI-assisted case summary: McKenna Wojick filed a petition for compensation under the National Vaccine Injury Compensation Program on September 11, 2014, alleging that she suffered a loss of consciousness, identified as vasovagal syncope, and a subsequent fall after receiving the Hepatitis A and trivalent influenza vaccines on November 25, 2013. She sought damages for injuries sustained from the fall, which included a broken right central incisor, lacerations of her lower lip, a closed head injury with a brief loss of consciousness, a contusion of her jaw, and muscle strain. The respondent, Secretary of Health and Human Services, filed a status report on December 16, 2014, conceding entitlement. The respondent agreed that the petitioner's injuries, including the syncopal fall and associated physical harm, were caused in fact by the Hepatitis A and trivalent influenza vaccines received on November 25, 2013. On December 17, 2014, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement, finding McKenna Wojick entitled to compensation. Subsequently, on August 4, 2015, the parties filed a stipulation and proffer regarding damages. The respondent proffered an award of $100,041.46, which the petitioner agreed represented all damages available under 42 U.S.C. § 300aa-15(a). Chief Special Master Vowell issued a decision awarding this lump sum amount on August 4, 2015. Later, on October 5, 2015, the parties filed a stipulation concerning attorneys' fees and costs. They agreed upon an award of $27,449.19 for reasonable attorneys' fees and costs. On November 16, 2015, Chief Special Master Nora Beth Dorsey issued a decision awarding this amount, payable jointly to the petitioner and her counsel, William E. Cochran, Jr. The total compensation awarded was $127,490.65. Theory of causation field: Petitioner McKenna Wojick alleged that on November 25, 2013, she received Hepatitis A and trivalent influenza vaccines and subsequently suffered vasovagal syncope, a loss of consciousness, and a fall, resulting in injuries including a broken tooth, lip lacerations, a closed head injury, jaw contusion, and muscle strain. The respondent conceded entitlement, agreeing that the injuries were caused in fact by the vaccines. The case proceeded to a ruling on entitlement on December 17, 2014, by Chief Special Master Denise Kathryn Vowell. Damages were stipulated and proffered on August 4, 2015, with an award of $100,041.46 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were stipulated and awarded on November 16, 2015, by Chief Special Master Nora Beth Dorsey in the amount of $27,449.19, bringing the total award to $127,490.65. The theory of causation was based on a concession by the respondent, indicating a Table injury, though specific medical experts or detailed mechanisms were not described in the provided public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00845-0 Date issued/filed: 2015-01-22 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/17/2014) regarding 17 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00845-UNJ Document 19 Filed 01/22/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-845V Filed: December 17, 2014 * * * * * * * * * * * * * * * * * * * * * * * * * * * * MCKENNA WOJICK, * * Petitioner, * Ruling on Entitlement; Concession; * Hepatitis A, Trivalent Influenza Vaccine; * Flu Vaccine; Vasovagal Syncope; SECRETARY OF HEALTH * Loss of Consciousness AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Michael Milmoe, US Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Vowell, Chief Special Master: On September 11, 2014, McKenna Wojick 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 she suffered a loss of consciousness (vasovagal syncope) and fall after receiving the Hepatitis A and trivalent influenza vaccines on November 25, 2013. Petition at 1. She seeks damages for injuries she sustained from her loss of consciousness and fall. Id. at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 16, 2014, respondent filed a status report conceding entitlement in this case. Specifically, respondent indicates “that petitioner has proven that her injuries, including a syncopal fall, a broken right central incisor, lacerations of her lower lip, a closed head injury with a brief loss of consciousness, a contusion of her jaw, and 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to post it 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Case 1:14-vv-00845-UNJ Document 19 Filed 01/22/15 Page 2 of 2 muscle strain, were all caused in fact by the hepatitis A and trivalent influenza vaccines that she received on November 25, 2013.” Status Report at 1. In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. s/Denise K. Vowell Denise K. Vowell Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00845-1 Date issued/filed: 2015-09-02 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 08/04/2015) regarding 32 DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00845-UNJ Document 37 Filed 09/02/15 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-845V Filed: August 4, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * MCKENNA WOJICK, * * Petitioner, * Damages Decision Based on Proffer; v. * Trivalent Influenza Vaccine; Hepatitis A * Vaccine; Vasovagal Syncope; SECRETARY OF HEALTH * Loss of Consciousness; AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * William Cochran, Jr., Esq., Black, McLaren, Jones, Ryland & Griffee, P.C., Memphis, TN, for petitioner. Camille Collett, Esq., U.S. Department of Justice, Washington, DC for respondent. DECISION AWARDING DAMAGES1 Vowell, Chief Special Master: On September 11, 2014, McKenna Wojick 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 she suffered a loss of consciousness (vasovagal syncope) and fall after receiving the Hepatitis A and trivalent influenza vaccines on November 25, 2013. Petition at 1. She seeks damages for injuries she sustained from her loss of consciousness and fall. Id. at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 17, 2014, I issued a ruling on entitlement, finding petitioner entitled to compensation for her injuries. On August 4, 2015, respondent filed a proffer on 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Case 1:14-vv-00845-UNJ Document 37 Filed 09/02/15 Page 2 of 4 award of compensation [“Proffer”] indicating petitioner should be awarded $100,041.46 in compensation to which petitioner agrees. Proffer at 1. Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $100,041.46 in the form of a check payable to petitioner. These amounts represent compensation for all damages that would be available under § 300aa-15(a). The clerk of the court is directed to enter judgment in accordance with this decision.3 s/Denise K. Vowell Denise K. Vowell Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 CCaassee 11::1144--vvvv--0000884455--UUNNJJ DDooccuummeenntt 3317 FFiilleedd 0089//0042//1155 PPaaggee 13 ooff 24 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MCKENNA WOJICK, Petitioner, v. No. 14-845V Chief Special Master Denise Vowell SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 16, 2014, respondent filed a status report in which she conceded entitlement. On December 17, 2014, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. Respondent now proffers that petitioner receive an award of a lump sum of $100,041.46 in the form of a check payable to petitioner. This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1 This proffer does not address final attorneys’ fees and litigation costs. Petitioner is additionally entitled to reasonable attorneys’ fees and litigation costs, to be determined at a later date upon petitioner submitting substantiating documentation. Petitioner agrees with the proffered award of $100,041.46 as representing all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled. 1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering. CCaassee 11::1144--vvvv--0000884455--UUNNJJ DDooccuummeenntt 3317 FFiilleedd 0089//0042//1155 PPaaggee 24 ooff 24 Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division MICHAEL P. MILMOE Senior Trial Counsel Torts Branch, Civil Division s/Camille M. Collett CAMILLE M. COLLETT Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 616-4098 Dated: August 4, 2015 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_14-vv-00845-2 Date issued/filed: 2015-11-16 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/13/2015) regarding 41 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00845-UNJ Document 44 Filed 11/16/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-0845V Filed: October 13, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MCKENNA WOJICK, * * Petitioner, * v. * * Attorneys’ Fees and Costs; Stipulation SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 DORSEY, Chief Special Master: On September 11, 2014, McKenna Wojick (“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”]. Petitioner alleged that she suffered a loss of consciousness (vasovagal syncope) and fall after receiving the hepatitis A and trivalent influenza (flu) vaccines on November 25, 2013. Petition at 1. On August 4, 2015, the undersigned issued a decision awarding damages to petitioner based on respondent’s proffer. 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), petitioners have 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:14-vv-00845-UNJ Document 44 Filed 11/16/15 Page 2 of 2 On October 5, 2015, the parties filed a Stipulation of Fact Concerning Final Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of $27,449.19. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). The undersigned finds the proposed amount to be reasonable. Accordingly, the undersigned awards the total of $27,449.19,3 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, William E. Cochran, Jr., of the law firm of Black McLaren Jones Ryland & Griffee. The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief 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 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). 2