VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01033 Package ID: USCOURTS-cofc-1_14-vv-01033 Petitioner: Christie Shine Filed: 2014-10-24 Decided: 2016-02-29 Vaccine: MMR Vaccination date: 2011-11-07 Condition: measles, mumps, rubella, optic neuritis, photophobia, trigeminal neuralgia, vestibular neuritis, permanent right hearing loss, Eustachian tube dysfunction, and related sequelae Outcome: compensated Award amount USD: 176309 AI-assisted case summary: Christie Shine filed a petition on October 24, 2014, alleging that an MMR vaccination administered on November 7, 2011, caused her to develop measles, mumps, rubella, optic neuritis, photophobia, trigeminal neuralgia, vestibular neuritis, permanent right hearing loss, Eustachian tube dysfunction, and related sequelae. The respondent, the Secretary of Health and Human Services, denied that the MMR vaccine caused these injuries or that her current disabilities were sequelae of a vaccine-related injury. Despite this denial, the parties reached a joint stipulation for damages. The court adopted this stipulation, awarding Christie Shine a lump sum of $150,000.00 for all damages. Additionally, a separate decision on February 29, 2016, awarded $26,309.59 in attorneys' fees and costs, making the total compensation $176,309.59. The case was resolved through this stipulation, and judgment was entered accordingly. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01033-0 Date issued/filed: 2016-02-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/08/2016) regarding 30 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01033-UNJ Document 37 Filed 02/29/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1033V Filed: February 8, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED CHRISTIE SHINE, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Measles, Mumps, and Rubella * (“MMR”) Vaccination; Measles, SECRETARY OF HEALTH * Mumps, Rubella, Optic Neuritis, AND HUMAN SERVICES, * Photophobia, Trigeminal Neuralgia, * Vestibular Neuritis, Permanent Right Respondent. * Dysfunction. * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop and Associates, Beverly Hills, CA, for Petitioner. Lisa A. Watts, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On October 24, 2014, Christie Shine (“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 a measles, mumps, and rubella (“MMR”) vaccination administered on November 7, 2011 caused her to develop measles, mumps, rubella, optic neuritis, photophobia, trigeminal neuralgia, vestibular neuritis, permanent right hearing loss, Eustachian tube dysfunction, and related sequelae. Petition (“Pet.”) at 1-6. On February 8, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Stipulation, ECF No. 28. Respondent denies that the 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012). 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-01033-UNJ Document 37 Filed 02/29/16 Page 2 of 7 MMR vaccine caused “Petitioner’s alleged measles, mumps, rubella, optic neuritis, photophobia, trigeminal neuralgia, vestibular neuritis, permanent right hearing loss, Eustachian tube dysfunction, or any other injury, and further denies that Petitioner’s current disabilities are sequelae of a vaccine-related injury.” Id. at 2. However, 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: A lump sum of $150,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation ¶ 8. The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman 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-01033-UNJ Document 37 Filed 02/29/16 Page 3 of 7 Case 1:14-vv-01033-UNJ Document 37 Filed 02/29/16 Page 4 of 7 Case 1:14-vv-01033-UNJ Document 37 Filed 02/29/16 Page 5 of 7 Case 1:14-vv-01033-UNJ Document 37 Filed 02/29/16 Page 6 of 7 Case 1:14-vv-01033-UNJ Document 37 Filed 02/29/16 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-01033-1 Date issued/filed: 2016-02-29 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/08/16) regarding 31 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01033-UNJ Document 38 Filed 02/29/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1033V Filed: February 8, 2016 * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED CHRISTIE SHINE, * * Special Master Hamilton-Fieldman Petitioner, * * v. * Attorneys’ Fees and Costs; * Reasonable Amount Requested to SECRETARY OF HEALTH * which Respondent Does Not Object. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop and Associates, Beverly Hills, CA, for Petitioner. Lisa A. Watts, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On October 24, 2014, Christie Shine (“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 a measles, mumps, and rubella (“MMR”) vaccination administered on November 7, 2011 caused her to develop measles, mumps, rubella, optic neuritis, photophobia, trigeminal neuralgia, vestibular neuritis, permanent right hearing loss, Eustachian tube dysfunction, and related sequelae. Petition (“Pet.”) at 1-6. On February 8, 2016, the undersigned issued a decision awarding compensation to Petitioner. Decision, ECF No. 30. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, at 44 U.S.C. § 3501 and note (2012). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access. 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. Case 1:14-vv-01033-UNJ Document 38 Filed 02/29/16 Page 2 of 2 On February 8, 2016, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $26,309.59 in attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner’s counsel represents that Petitioner did not incur any costs during this proceeding. The undersigned finds that this petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, the undersigned hereby awards the amount of $26,309.59, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Jeffrey S. Pop. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman 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