VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00015 Package ID: USCOURTS-cofc-1_15-vv-00015 Petitioner: Martin Crowley Filed: 2015-01-06 Decided: 2016-05-19 Vaccine: Hepatitis A; Hepatitis B; Tetanus-Diptheria-acellular Pertussis (“TDaP”); Meningococcal Vaccination date: 2012-08-08 Condition: Guillian-Barre Syndrome (“GBS”) Outcome: compensated Award amount USD: 66448 AI-assisted case summary: Martin Crowley filed a petition on January 6, 2015, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of receiving Hepatitis A, Hepatitis B, Meningococcal, and Tetanus-Diptheria-acellular Pertussis (TDaP) vaccines on August 8, 2012. He further alleged that he experienced residual effects from his injury for more than six months. The respondent denied that the vaccines caused petitioner's GBS or any other injury. On April 21, 2016, the parties filed a joint stipulation for damages and attorneys' fees and costs. The stipulation stated that Martin Crowley would receive a lump sum of $55,000.00 for all damages and a lump sum of $11,448.43 for attorneys' fees and costs, for a total award of $66,448.43. The Special Master, Thomas L. Gowen, found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered accordingly. Petitioner was represented by Scott W. Rooney of Nemes, Rooney P.C., and respondent was represented by Adriana R. Teitel of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Martin Crowley alleged that he developed Guillain-Barre Syndrome (GBS) following vaccination with Hepatitis A, Hepatitis B, Meningococcal, and Tetanus-Diptheria-acellular Pertussis (TDaP) vaccines on August 8, 2012, and experienced residual effects for more than six months. The respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees and costs. The stipulation awarded petitioner a lump sum of $55,000.00 for all damages and $11,448.43 for attorneys' fees and costs, totaling $66,448.43. Special Master Thomas L. Gowen adopted the stipulation as the Court's decision. The public text does not specify the theory of causation, any medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00015-0 Date issued/filed: 2016-05-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/22/2016) regarding 33 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00015-UNJ Document 36 Filed 05/19/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-15V Filed: April 22, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED MARTIN CROWLEY, * * Special Master Gowen Petitioner, * * Joint Stipulation on Damages and v. * Attorneys’ Fees and Costs * Hepatitis A; Hepatitis B; SECRETARY OF HEALTH * Tetanus-Diptheria-acellular AND HUMAN SERVICES, * Pertussis (“TDaP”); Meningococcal; * Guillain-Barré Syndrome (“GBS”). Respondent. * * * * * * * * * * * * * * * * * * Scott W. Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for petitioner. Adriana R. Teitel, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On January 6, 2015, Martin Crowley (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of receiving Hepatitis A, Hepatitis B, Meningococcal, and Tetanus-Diptheria- acellular Pertussis (“TDaP”) vaccines on August 8, 2012, he developed Guillian-Barre Syndrome (“GBS”). Stipulation for Award at ¶ 1, 2, 4, filed Apr. 21, 2016. Further, petitioner alleged that he experienced residual effects of his injury for more than six months. Id. at ¶ 4. 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling 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) (Federal Management and Promotion of Electronic Government Services). 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 (2012) (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 1:15-vv-00015-UNJ Document 36 Filed 05/19/16 Page 2 of 7 On April 21, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that petitioner’s GBS and its residual effects were caused by his immunizations; and further denies that the vaccines caused petitioner any other injury or his current condition. Id. at ¶ 6. Nevertheless, 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 also stipulate to an award of attorneys’ fees and costs. The parties agree to a total award of attorneys’ fees and costs in the amount of $11,448.43. In accordance with General Order #9, petitioner represents that he did not personally incur costs related to this proceeding. Id. at ¶ 8(b). The undersigned finds the stipulation for attorneys’ fees and costs reasonable and adopts it as the decision of the Court. The parties stipulate that petitioner shall receive the following compensation: 1) A lump sum of $55,000.00, in the form of a check payable to petitioner, Martin Crowley. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); and 2) A lump sum of $11,448.43, in the form of a check jointly payable to petitioner and to petitioner’s attorney, Scott W. Rooney, of Nemes, Rooney P.C., pursuant to 42 U.S.C. § 300 aa-15(e), for attorneys’ fees and costs. Id. at ¶ 8. The undersigned approves the requested amounts for petitioner’s compensation and attorneys’ fees and costs. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen 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 1:15-vv-00015-UNJ Document 36 Filed 05/19/16 Page 3 of 7 Case 1:15-vv-00015-UNJ Document 36 Filed 05/19/16 Page 4 of 7 Case 1:15-vv-00015-UNJ Document 36 Filed 05/19/16 Page 5 of 7 Case 1:15-vv-00015-UNJ Document 36 Filed 05/19/16 Page 6 of 7 Case 1:15-vv-00015-UNJ Document 36 Filed 05/19/16 Page 7 of 7