VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01073 Package ID: USCOURTS-cofc-1_14-vv-01073 Petitioner: Rosemary West Filed: 2015-05-19 Decided: 2015-05-19 Vaccine: influenza Vaccination date: Condition: shoulder injury Outcome: compensated Award amount USD: 5400 AI-assisted case summary: Rosemary West filed a petition for compensation under the National Vaccine Injury Compensation Program on November 4, 2014, alleging she suffered a shoulder injury as a result of receiving an influenza vaccination. The petition was filed by attorney David R. Sidran of Toschi, Sidran, Collins & Doyle. The respondent was the Secretary of Health and Human Services, represented by attorney Heather L. Pearlman. On May 15, 2015, a decision was issued awarding compensation to the petitioner based on a stipulation between the parties. Subsequently, on May 19, 2015, the parties filed a Stipulation of Fact Concerning Attorneys' Fees and Costs. The stipulation indicated that the petitioner's counsel represented that Ms. West incurred no out-of-pocket expenses. Chief Special Master Denise Kathryn Vowell reviewed the stipulation and found the proposed amount of $5,400.00 to be reasonable. This amount was awarded as a lump sum, payable jointly to Ms. West and her counsel, David R. Sidran, to cover all legal expenses incurred in the matter. The case proceeded as a Table claim, and the parties stipulated to the award amount. Theory of causation field: Petitioner Rosemary West filed a petition on November 4, 2014, alleging a shoulder injury following an influenza vaccination. The case proceeded as a Table claim. The parties filed a stipulation of fact concerning attorneys' fees and costs, agreeing to an award of $5,400.00. Chief Special Master Denise Kathryn Vowell found this amount reasonable and awarded it as a lump sum, jointly payable to the petitioner and her counsel, David R. Sidran. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding the alleged shoulder injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01073-0 Date issued/filed: 2015-06-09 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/19/2015) regarding 24 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01073-UNJ Document 30 Filed 06/09/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1073V Filed: May 19, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ROSEMARY WEST, * * Petitioner, * v. * * Attorney Fees and Costs; Stipulation SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”) HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * David R. Sidran, Toschi, Sidran, Collins & Doyle, Pleasanton, CA, for petitioner. Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Vowell, Chief Special Master: On November 4, 2014, Rosemary West 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 shoulder injury as a result of receiving her influenza vaccination. On May 15, 2015, I issued a decision awarding compensation to petitioner based on the parties’ stipulation. On May 19, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of 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-01073-UNJ Document 30 Filed 06/09/15 Page 2 of 2 $5,400.00. 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 of $5,400.003 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel David R. Sidran. 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).