VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01191 Package ID: USCOURTS-cofc-1_14-vv-01191 Petitioner: Anthony Lawson Filed: 2015-10-14 Decided: 2015-10-16 Vaccine: influenza Vaccination date: 2014-01-04 Condition: brachial plexopathy Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Petitioner Anthony Lawson filed a petition for compensation on October 14, 2015, alleging that he suffered from brachial plexopathy caused by his receipt of the influenza vaccine on January 4, 2014. He further alleged that he experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner to suffer brachial plexopathy or any other injury, and denied that the flu vaccine caused petitioner's current condition. Despite the denials, the parties agreed to resolve the matter through a stipulation. Special Master Laura D. Millman adopted the stipulation, awarding Anthony Lawson $55,000.00 in compensation for all damages. This award was to be in the form of a check made payable to the petitioner. A separate decision on October 16, 2015, addressed attorneys' fees and costs. The parties filed a stipulation of fact agreeing on an appropriate amount. Petitioner asserted that he did not incur any costs. Petitioner requested reimbursement for attorneys' fees and costs in the amount of $5,000.00, to which respondent did not object. Special Master Millman found this amount to be reasonable and awarded $5,000.00 for attorneys' fees and costs, to be paid by check jointly to petitioner and P. Richard Talley & Associates. The total award for damages, fees, and costs was $60,000.00. The case was resolved based on stipulations of fact and damages decisions. Theory of causation field: Petitioner alleged that the influenza vaccine administered on January 4, 2014, caused brachial plexopathy, with residual effects lasting more than six months. Respondent denied causation. The parties resolved the case via stipulation. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details supporting the petitioner's theory of causation or the respondent's denial. The Special Master adopted the stipulation, awarding $55,000.00 for damages and $5,000.00 for attorneys' fees and costs, totaling $60,000.00. Special Master Laura D. Millman issued the decisions on October 14, 2015 (damages) and October 16, 2015 (fees). Petitioner was represented by P. Richard Talley, and respondent was represented by Althea W. Davis. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01191-0 Date issued/filed: 2015-11-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/14/2015) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01191-UNJ Document 33 Filed 11/04/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1191V Filed: October 14, 2015 Not for Publication ************************************* ANTHONY LAWSON, * * Petitioner, * Damages decision based on * stipulation; influenza (“flu”) v. * vaccine; brachial plexopathy * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* P. Richard Talley, Dandridge, TN, for petitioner. Althea W. Davis, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On October 14, 2015, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from brachial plexopathy caused by his receipt of the influenza (“flu”) vaccine on January 4, 2014. He further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner to suffer brachial plexopathy or any other injury and further denies that the flu vaccine caused petitioner’s current condition. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:14-vv-01191-UNJ Document 33 Filed 11/04/15 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $55,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $55,000.00 made payable to petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: October 14, 2015 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. Case 1:14-vv-01191-UNJ Document 33 Filed 11/04/15 Page 3 of 7 Case 1:14-vv-01191-UNJ Document 33 Filed 11/04/15 Page 4 of 7 Case 1:14-vv-01191-UNJ Document 33 Filed 11/04/15 Page 5 of 7 Case 1:14-vv-01191-UNJ Document 33 Filed 11/04/15 Page 6 of 7 Case 1:14-vv-01191-UNJ Document 33 Filed 11/04/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-01191-1 Date issued/filed: 2015-11-06 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 10/16/2015) regarding 31 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01191-UNJ Document 35 Filed 11/06/15 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1191V Filed: October 16, 2015 Not for Publication ************************************* ANTHONY LAWSON, * * Petitioner, * Attorneys’ fees and costs decision * based on stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* P. Richard Talley, Dandridge, TN, for petitioner. Althea W. Davis, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On October 16, 2015, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with General Order #9, petitioner asserts that he did not incur any costs in pursuit of his petition. Petitioner submitted his request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain aspects of petitioner’s fees and costs petition. Petitioner now requests reimbursement for attorneys’ fees and costs in the amount of $5,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $5,000.00, 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:14-vv-01191-UNJ Document 35 Filed 11/06/15 Page 2 of 4 representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and P. Richard Talley & Associates for $5,000.00. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: October 16, 2015 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:14-vv-01191-UNJ Document 35 Filed 11/06/15 Page 3 of 4 Case 1:14-vv-01191-UNJ Document 35 Filed 11/06/15 Page 4 of 4