VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00084 Package ID: USCOURTS-cofc-1_15-vv-00084 Petitioner: Angelika Belgrade Filed: 2015-12-29 Decided: 2016-05-02 Vaccine: influenza Vaccination date: 2013-10-31 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 135000 AI-assisted case summary: Angelika Belgrade filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on October 31, 2013. She further alleged that she suffered residual effects for more than six months. Respondent denied that the flu vaccine caused her alleged GBS or any other injury. Nevertheless, the parties filed a joint stipulation on December 29, 2015, agreeing to an award of compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $135,000.00 for all items of damages. Subsequently, on February 17, 2016, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $23,600.00. The court found this amount reasonable and awarded it as a lump sum, jointly payable to the petitioner and her counsel. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00084-0 Date issued/filed: 2016-05-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/29/2015) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00084-UNJ Document 37 Filed 05/02/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0084V Filed: December 29, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * ANGELIKA BELGRADE, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; Guillain- * Barré Syndrome (“GBS”); Special SECRETARY OF HEALTH * Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On January 27, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act”]. Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine she received on October 31, 2013. Petition at 1; Stipulation, filed 12/29/2015, ¶ 4. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petition at 1, 3; Stipulation¶ 4. “Respondent denies that the flu vaccine caused petitioner’s alleged GBS, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine- related injury. ” Stipulation, ¶ 6. Nevertheless, on December 29, 2015, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 (2012). Case 1:15-vv-00084-UNJ Document 37 Filed 05/02/16 Page 2 of 7 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 $135,000.00, in the form of a check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. 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 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:15-vv-00084-UNJ Document 37 Filed 05/02/16 Page 3 of 7 Case 1:15-vv-00084-UNJ Document 37 Filed 05/02/16 Page 4 of 7 Case 1:15-vv-00084-UNJ Document 37 Filed 05/02/16 Page 5 of 7 Case 1:15-vv-00084-UNJ Document 37 Filed 05/02/16 Page 6 of 7 Case 1:15-vv-00084-UNJ Document 37 Filed 05/02/16 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00084-1 Date issued/filed: 2016-05-06 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/17/2016) regarding 34 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00084-UNJ Document 38 Filed 05/06/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-84V Filed: February 17, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ANGELIKA BELGRADE, * * Petitioner, * v. * * Attorney Fees and Costs; Stipulation SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil, LLP, Philadelphia, PA, for petitioner. Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Dorsey, Chief Special Master: On January 27, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act”]. Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine she received on October 31, 2013. Petition at 1. On December 29, 2015, the undersigned issued a decision awarding compensation to petitioner based on the parties’ stipulation. On February 17, 2016, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs. The parties stipulate to an award of $23,600.00 in attorneys’ fees and costs. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses. Stipulation, ¶ 3. 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 (2012). Case 1:15-vv-00084-UNJ Document 38 Filed 05/06/16 Page 2 of 2 The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). The undersigned finds the proposed amount to be reasonable. Accordingly, I award the total $23,600.003 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Paul R. Brazil. The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey 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