VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00157 Package ID: USCOURTS-cofc-1_15-vv-00157 Petitioner: Danielle Groom Filed: 2015-11-13 Decided: 2015-12-03 Vaccine: Hepatitis A Vaccination date: 2014-02-05 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 225000 AI-assisted case summary: On November 13, 2015, Danielle Groom filed a petition alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving a Hepatitis A vaccine on February 5, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's GBS or any other injury. The parties subsequently reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Danielle Groom $225,000.00 in compensation for all damages. This award was to be paid via a check made out to Danielle Groom. Separately, on December 3, 2015, the parties filed a stipulation regarding attorneys' fees and costs. The Special Master adopted this stipulation as well, awarding $10,284.96 for attorneys' fees and costs. This amount was to be paid via a check made out jointly to Danielle Groom and her law firm, The Simon Law Firm, P.C. The decision date for both the damages award and the attorneys' fees and costs award was December 3, 2015. The public decision does not describe the petitioner's specific symptoms, medical history, diagnostic tests, treatments, or the specific mechanism by which the vaccine allegedly caused the GBS. Petitioner was represented by Amy C. Gunn, and respondent was represented by Gordon E. Shemin. Theory of causation field: Petitioner Danielle Groom alleged that her Guillain-Barré Syndrome (GBS) was caused by a Hepatitis A vaccine administered on February 5, 2014. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding $225,000.00 for all damages. Attorneys' fees and costs were separately stipulated and awarded at $10,284.96, payable jointly to petitioner and The Simon Law Firm, P.C. The decision date was December 3, 2015. The public text does not specify the theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00157-0 Date issued/filed: 2015-12-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/13/2015) regarding 18 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00157-UNJ Document 27 Filed 12/07/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-157V Filed: November 13, 2015 Not for Publication ************************************* DANIELLE GROOM, * * Petitioner, * * Damages decision based on v. * stipulation; Hepatitis A (“Hep A”) * vaccine; Guillain-Barré syndrome SECRETARY OF HEALTH * (“GBS”) AND HUMAN SERVICES, * * Respondent. * * ************************************* Amy C. Gunn, St. Louis, MO, for petitioner. Gordon E. Shemin, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On November 13, 2015, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered Guillain- Barré Syndrome (“GBS”) that was caused by her February 5, 2014 receipt of the Hepatitis A (“Hep A”) vaccine. Respondent denies that the Hep A vaccine caused petitioner’s GBS or any other injury. 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’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 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 1:15-vv-00157-UNJ Document 27 Filed 12/07/15 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 $225,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check payable to petitioner in the amount of $225,000.00. 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: November 13, 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 1:15-vv-00157-UNJ Document 27 Filed 12/07/15 Page 3 of 7 Case 1:15-vv-00157-UNJ Document 27 Filed 12/07/15 Page 4 of 7 Case 1:15-vv-00157-UNJ Document 27 Filed 12/07/15 Page 5 of 7 Case 1:15-vv-00157-UNJ Document 27 Filed 12/07/15 Page 6 of 7 Case 1:15-vv-00157-UNJ Document 27 Filed 12/07/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00157-1 Date issued/filed: 2015-12-29 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/03/2015) regarding 24 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00157-UNJ Document 28 Filed 12/29/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-157V Filed: December 3, 2015 Not for Publication ************************************* DANIELLE GROOM, * * Petitioner, * * Attorneys’ fees and costs decision v. * based on stipulation of fact * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Amy C. Gunn, St. Louis, MO, for petitioner. Gordon E. Shemin, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On December 3, 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 the General Order #9 requirement, petitioner asserts that she did not incur any costs in pursuit of her petition. Petitioner submitted a draft application for attorneys’ fees and costs to respondent, requesting a total amount of $10,284.96. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the 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 1:15-vv-00157-UNJ Document 28 Filed 12/29/15 Page 2 of 2 court awards $10,284.96, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and The Simon Law Firm, P.C. in the amount of $10,284.96. 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: December 3, 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