VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00187 Package ID: USCOURTS-cofc-1_15-vv-00187 Petitioner: Jered R. Anderson Filed: 2015-02-27 Decided: 2016-09-19 Vaccine: influenza Vaccination date: 2012-12-28 Condition: syncope and post-concussion syndrome Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Jered R. Anderson filed a petition for compensation under the National Vaccine Injury Compensation Program on February 27, 2015, alleging he suffered syncope and post-concussion syndrome following an influenza vaccine administered on December 28, 2012. The respondent conceded that Mr. Anderson was entitled to compensation, agreeing that his injuries were consistent with syncope and post-concussion syndrome caused by the vaccine and that he met the statutory requirement of suffering the condition for more than six months. Based on this concession and the evidence, the court found Mr. Anderson entitled to compensation. Subsequently, on November 6, 2015, the respondent filed a proffer recommending an award of $50,000.00, which Mr. Anderson accepted. This amount was intended to cover all damages available under the Vaccine Act. The court awarded Mr. Anderson a lump sum of $50,000.00. Later, on November 9, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $9,900.00. This amount was granted by the court as a lump sum payable jointly to Mr. Anderson and his counsel. The final decision regarding attorneys' fees and costs was issued on September 19, 2016. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00187-0 Date issued/filed: 2015-09-02 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/29/2015) regarding 18 Ruling on Entitlement ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00187-UNJ Document 21 Filed 09/02/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-187V Filed: July 29, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * JERED R. ANDERSON, * * Petitioner, * Ruling on Entitlement; Concession; * Influenza; Syncope; * Post-concussion Syndrome; SECRETARY OF HEALTH * Special Processing Unit (“SPU”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * John Andrew Hamer, Hoffman Law Office, Faribault, MN, for petitioner. Debra Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Vowell, Chief Special Master: On February 27, 2015, Jered R. Anderson 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 alleges that he experienced syncope and post- concussion syndrome following the administration of an influenza vaccine on December 28, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 29, 2015, respondent filed her Rule 4(c) report in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent “believes that the alleged injury is consistent with syncope and post-concussion syndrome that was caused by the administration of petitioner’s flu 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend 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, 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-00187-UNJ Document 21 Filed 09/02/15 Page 2 of 2 vaccination. Id. at 3. Respondent further agrees that “petitioner met the statutory requirements by suffering the condition for more than six months.” Id. In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. s/Denise K. Vowell Denise K. Vowell Chief Special Master ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00187-1 Date issued/filed: 2015-12-28 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 11/09/2015) regarding 29 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00187-UNJ Document 38 Filed 12/28/15 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-187V Filed: November 9, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * JERED R. ANDERSON, * * Petitioner, * Damages Decision Based on Proffer; * Influenza; Syncope; * Post-concussion Syndrome; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * John Andrew Hamer, Hoffman Law Office, Fairbault, MN, for petitioner. Debra Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On February 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” or “Program”]. Petitioner alleges that he suffered syncope and post- concussion syndrome following the administration of an influenza vaccine on December 28, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 29, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for syncope and post-concussion syndrome. On November 6, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating petitioner should be awarded $50,000.00. Proffer at 1. In the Proffer, respondent represented that 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-00187-UNJ Document 38 Filed 12/28/15 Page 2 of 4 petitioner agrees with the proffered award. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $50,000.00 in the form of a check payable to petitioner, Jered R. Anderson. This amount represents compensation for all damages that would be available under § 300aa-15(a). 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. Case 1:15-vv-00187-UNJ Document 38 Filed 12/28/15 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* JERED R. ANDERSON, * * Petitioner, * No. 15-187V * CHIEF SPECIAL MASTER v. * NORA BETH DORSEY * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * ************************************* RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s Rule 4(c) Report, filed on July 29, 2015, conceding entitlement in this case. Based upon the evidence of record, respondent proffers that petitioner should be awarded $50,000.00. This represents all elements of competition to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) for his vaccine-related injury.1 Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: A lump sum of $50,000.00 in the form of a check payable to petitioner, Jered R. Anderson. 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering. Case 1:15-vv-00187-UNJ Document 38 Filed 12/28/15 Page 4 of 4 These amounts account for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division ALTHEA W. DAVIS Senior Trial Counsel Torts Branch, Civil Division /s/ DEBRA A. FILTEAU BEGLEY DEBRA A. FILTEAU BEGLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4181 Dated: November 6, 2015 Fax: (202) 353-2988 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_15-vv-00187-2 Date issued/filed: 2016-09-19 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/10/2015) regarding 31 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00187-UNJ Document 39 Filed 09/19/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-187V Filed: November 10, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JERED R. ANDERSON, * * Petitioner, * v. * * Attorneys’ Fees and Costs; Stipulation SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * John Andrew Hamer, Hoffman Law Office, Faribault, MN, for petitioner. Debra Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 Dorsey, Chief Special Master: On February 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 alleged that he suffered syncope and post-concussion syndrome following the administration of an influenza vaccine. On November 9, 2015, the undersigned issued a decision awarding compensation to petitioner based on respondent’s proffer. On November 9, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an award of $9,900.00. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses. 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-00187-UNJ Document 39 Filed 09/19/16 Page 2 of 2 The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection by respondent, the undersigned GRANTS the request for approval and payment of attorneys’ fees and costs. Accordingly, the undersigned awards the total of $9,900.003 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, John A. Hamer of the law firm of Hoffman, Hamer, and Associates, PLLC. 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 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.