VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00884
Package ID: USCOURTS-cofc-1_14-vv-00884
Petitioner: Vicky Hermreck
Filed: 2015-07-08
Decided: 2015-07-08
Vaccine: influenza
Vaccination date: 2012-09-12
Condition: lipoma
Outcome: compensated
Award amount USD: 11800

AI-assisted case summary:
Vicky Hermreck filed a petition on July 8, 2015, alleging that the influenza vaccine she received on September 12, 2012, caused her to develop a lipoma. The respondent is the Secretary of Health and Human Services. The decision notes that the influenza vaccine is contained in the Vaccine Injury Table. Ms. Hermreck represented that she had not received any prior award or settlement for damages related to her condition. The parties entered into a stipulation of fact, and a decision was issued on June 1, 2015, awarding compensation. As Ms. Hermreck received compensation, she was entitled to attorneys' fees and costs. She sought a total of $11,800.00 for attorneys' fees and costs. Respondent did not object to this amount. Special Master Christian J. Moran issued a decision on July 8, 2015, awarding the requested $11,800.00 as a lump sum payable to Ms. Hermreck and her attorney, Jeffrey S. Pop, for attorneys' fees and other litigation costs. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments related to the lipoma, nor does it name any medical experts.

Theory of causation field:
Petitioner Vicky Hermreck alleged that the influenza vaccine administered on September 12, 2012, caused a lipoma. The influenza vaccine is listed in the Vaccine Injury Table. The parties entered into a stipulation of fact, and compensation was awarded based on this stipulation. The Special Master's decision, issued on July 8, 2015, addressed attorneys' fees and costs. Petitioner sought $11,800.00 for attorneys' fees and costs, to which the respondent did not object. Special Master Christian J. Moran awarded this amount as a lump sum payable to petitioner and her attorney, Jeffrey S. Pop. The public decision does not detail the specific mechanism of causation or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00884-0
Date issued/filed: 2015-08-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/08/2015) regarding 33 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00884-UNJ Document 36 Filed 08/07/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
VICKY HERMRECK, * No. 14-884V
*
Petitioner, * Special Master Moran
*
v. * Filed: July 8, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner;
Christine M. Becer, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On June 30, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $11,800.00, an amount to which respondent does not object.
The Court awards this amount.
In her petition, Ms. Hermreck alleged that the influenza (“flu”) vaccine,
which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a),
and which she received on September 12, 2012, caused her to suffer from a lipoma.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00884-UNJ Document 36 Filed 08/07/15 Page 2 of 2
Petitioner represents that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of her condition. Petitioner received
compensation based upon the parties’ stipulation. Decision, issued June 1, 2015.
Because petitioner received compensation, she is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $11,800.00, in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $11,800.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Jeffrey S. Pop, for attorneys’ fees
and other litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master