VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00964 Package ID: USCOURTS-cofc-1_14-vv-00964 Petitioner: Patricia L. Knoll Filed: 2014-10-09 Decided: 2015-07-27 Vaccine: influenza Vaccination date: 2013-01-17 Condition: left shoulder granuloma and tendinopathy, requiring surgery and resulting in residual effects and complication Outcome: compensated Award amount USD: 105062 AI-assisted case summary: Patricia L. Knoll filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination she received on January 17, 2013, caused left shoulder granuloma and tendinopathy, requiring surgery and resulting in residual effects. She further alleged that these residual effects lasted for more than six months and necessitated inpatient hospitalization and surgical intervention. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the alleged injury. Despite the denial, the parties reached a settlement. In a decision dated July 17, 2015, the Chief Special Master awarded Patricia L. Knoll a lump sum of $90,000.00 as compensation for all damages. Subsequently, on July 27, 2015, a separate decision addressed attorneys' fees and costs. The parties stipulated to an award of $15,062.15 for attorneys' fees and costs, which was also awarded as a lump sum, jointly payable to Ms. Knoll and her counsel. The total compensation awarded to Ms. Knoll was $105,062.15. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00964-0 Date issued/filed: 2015-07-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/18/2015) regarding 17 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00964-UNJ Document 27 Filed 07/17/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-964V Filed: June 18, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * PATRICIA L. KNOLL, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza Vaccine or Flu Vaccine; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”); * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Richard Moeller, Esq., Berenstein, Moore, et al., Sioux City, IA, for petitioner. Justine Walters, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Vowell, Chief Special Master: On October 9, 2014, Patricia L. Knoll 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 she suffered “left shoulder granuloma and tendinopathy, requiring surgery and resulting in residual effects and complication” caused by the influenza vaccination she received on January 17, 2013. Petition at 1; accord. Stipulation, filed June 18, 2015, ¶¶ 2, 4. Petitioner further alleges that she experienced the residual effects of her shoulder injury for more than six months and required inpatient hospitalization and surgical intervention. Petition, ¶¶ 30-31. Respondent denies that the influenza vaccination caused petitioner’s shoulder injury or any other injury. 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 (2006). Case 1:14-vv-00964-UNJ Document 27 Filed 07/17/15 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On June 18, 2015, 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 $90,000.00 in the form of a check payable to petitioner, Patricia L. Knoll. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. 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 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 filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 CCaassee 11::1144--vvvv--0000996644--UUNNJJ DDooccuummeenntt 1267 FFiilleedd 0067//1187//1155 PPaaggee 13 ooff 57 CCaassee 11::1144--vvvv--0000996644--UUNNJJ DDooccuummeenntt 1267 FFiilleedd 0067//1187//1155 PPaaggee 24 ooff 57 CCaassee 11::1144--vvvv--0000996644--UUNNJJ DDooccuummeenntt 1267 FFiilleedd 0067//1187//1155 PPaaggee 35 ooff 57 CCaassee 11::1144--vvvv--0000996644--UUNNJJ DDooccuummeenntt 1267 FFiilleedd 0067//1187//1155 PPaaggee 46 ooff 57 CCaassee 11::1144--vvvv--0000996644--UUNNJJ DDooccuummeenntt 1267 FFiilleedd 0067//1187//1155 PPaaggee 57 ooff 57 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00964-1 Date issued/filed: 2015-07-27 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/30/2015) regarding 23 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00964-UNJ Document 28 Filed 07/27/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-964V Filed: June 30, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PATRICIA L. KNOLL, * * Petitioner, * v. * * Attorney Fees and Costs; Stipulation SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Richard Moeller, Esq., Berenstein, Moore, et al., Sioux City, IA, for petitioner. Justine Walters, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Vowell, Chief Special Master: On October 9, 2014, Patricia L. Knoll 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 she suffered “left shoulder granuloma and tendinopathy, requiring surgery and resulting in residual effects and complication” caused by the influenza vaccination she received on January 17, 2013. Petition at 1. On June 18, 2015, I 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 (2006). Case 1:14-vv-00964-UNJ Document 28 Filed 07/27/15 Page 2 of 2 On June 29, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of $15,062.15 in attorneys’ fees and costs. 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). I find the proposed amount to be reasonable. Accordingly, I award the total $15,062.153 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Richard Moeller. The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell 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