VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00890 Package ID: USCOURTS-cofc-1_14-vv-00890 Petitioner: K.R. Filed: 2015-09-28 Decided: 2015-10-20 Vaccine: influenza Vaccination date: 2013-10-11 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 31542.71 AI-assisted case summary: On September 22, 2014, Margaret Randle, mother and natural guardian for K.R., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that K.R. suffered from Guillain-Barré syndrome (GBS) as a result of an influenza and/or meningococcal vaccination received on October 11, 2013. It was further alleged that K.R. suffered residual effects for more than six months. The respondent denied that the vaccines caused K.R.'s injuries. The parties reached a settlement, and a joint stipulation was filed on September 25, 2015. As part of the settlement, the respondent agreed to pay a lump sum of $13,199.28 to reimburse a lien for services rendered to K.R. Additionally, an amount sufficient to purchase an annuity contract was to be paid to a life insurance company. On October 20, 2015, Chief Special Master Nora Beth Dorsey issued a decision on the joint stipulation. A separate decision on the same date addressed attorney fees and costs. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Lara Ann Englund. The decision on attorney fees and costs awarded $18,343.45 as a lump sum, jointly payable to petitioner and petitioner's counsel, Jeffrey S. Pop. The total compensation awarded was $31,542.71. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation. Theory of causation field: Petitioner Margaret Randle, mother and natural guardian for K.R., alleged that K.R. suffered Guillain-Barré syndrome (GBS) as a result of an influenza and/or meningococcal vaccination received on October 11, 2013, with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. The settlement resulted in an award of $13,199.28 for a lien reimbursement and an amount for an annuity, plus $18,343.45 for attorney fees and costs, totaling $31,542.71. The decision was issued by Chief Special Master Nora Beth Dorsey on October 20, 2015. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Lara Ann Englund. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00890-0 Date issued/filed: 2015-10-20 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 09/28/2015) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00890-UNJ Document 37 Filed 10/20/15 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-0890V Filed: September 28, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * MARGARET RANDLE, mother and * natural guardian for K.R., * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine and/or * Meningococcal Vaccine; Guillain- SECRETARY OF HEALTH * Barré Syndrome (“GBS”); Special AND HUMAN SERVICES, * Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Beverly Hills, CA, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 DORSEY, Chief Special Master: On September 22, 2014, Margaret Randle, the mother and natural guardian of K.R., 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 alleges that K.R. suffered from Guillain-Barré syndrome (GBS) as a result of an influenza (flu) and/or meningococcal vaccinations she received on October 11, 2013. Petition at 3; Stipulation, filed Sept. 25, 2015, ¶ 4. Petitioner further alleges that K.R. suffered the residual effects of this condition for more than six months and that she has received no prior award or settlement for damages as a result of her injury. Petition at 3, ¶¶10, 12. “Respondent denies that the flu or meningococcal vaccines caused any of K.R.’s injuries or her current condition.” Stipulation, ¶ 6. 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 (2012). Case 1:14-vv-00890-UNJ Document 37 Filed 10/20/15 Page 2 of 9 Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On September 25, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner the following: (a) a lump sum of $13,199.28, which amount represents reimbursement of a lien for services rendered on behalf of K.R. in the form of a check payable to jointly to petitioner and the Department of Health Care Services, Recovery Branch MS 4720, P.O. Box 997421, Sacramento, CA, 95899-7421, Attn: Class Action Unit, DHCS Account No. C96312778D-VAC03. Petitioner agrees to endorse this check to the Department of Health Care Services. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). (b) An amount sufficient to purchase the annuity contract described in paragraph 10 of the parties’ stipulation, paid to the life insurance company from which the annuity will be purchased. The undersigned adopts 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 s/Nora Beth Dorsey Nora Beth Dorsey Chief 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. 2 Case 1:14-vv-00890-UNJ Document 37 Filed 10/20/15 Page 3 of 9 Case 1:14-vv-00890-UNJ Document 37 Filed 10/20/15 Page 4 of 9 Case 1:14-vv-00890-UNJ Document 37 Filed 10/20/15 Page 5 of 9 Case 1:14-vv-00890-UNJ Document 37 Filed 10/20/15 Page 6 of 9 Case 1:14-vv-00890-UNJ Document 37 Filed 10/20/15 Page 7 of 9 Case 1:14-vv-00890-UNJ Document 37 Filed 10/20/15 Page 8 of 9 Case 1:14-vv-00890-UNJ Document 37 Filed 10/20/15 Page 9 of 9 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00890-1 Date issued/filed: 2015-10-20 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/28/2015) regarding 31 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00890-UNJ Document 38 Filed 10/20/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-0890V Filed: September 28, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MARGARET RANDLE, mother and * natural guardian for K.R., * * Petitioner, * v. * * Attorney Fees and Costs; Stipulation SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”) HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Beverly Hills, CA, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEY FEES AND COSTS1 DORSEY, Chief Special Master: On September 22, 2014, Margaret Randle, the mother and natural guardian of K.R., 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 alleges that K.R. suffered from Guillain-Barré syndrome (GBS) as a result of an influenza (flu) and/or meningococcal vaccinations she received on October 11, 2013. Petition at 3; Stipulation, filed Sept. 25, 2015, ¶ 4. On September 28, 2015, the undersigned issued a decision awarding compensation to petitioner based on the parties’ stipulation. 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-00890-UNJ Document 38 Filed 10/20/15 Page 2 of 2 On September 25, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of $18,343.45. 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 $18,343.45,3 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, Jeffrey S. Pop. 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