VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00325 Package ID: USCOURTS-cofc-1_15-vv-00325 Petitioner: Sara Olivia Cain Filed: 2015-03-30 Decided: 2015-12-11 Vaccine: MMR Vaccination date: 2014-05-07 Condition: alopecia Outcome: compensated Award amount USD: 136432 AI-assisted case summary: Sara Olivia Cain filed a petition for compensation under the National Vaccine Injury Compensation Program on March 30, 2015. She alleged that she developed alopecia as a result of receiving the Meningitis vaccine on April 11, 2014, and the Measles, Mumps, and Rubella (MMR) vaccine on May 7, 2014. The respondent, the Secretary of Health and Human Services, denied that these vaccines caused her alleged alopecia or any other injury. The parties subsequently filed a joint stipulation to settle the case. The stipulation agreed that the respondent would issue two payments: a lump sum of $125,000.00 to Sara Olivia Cain for all damages, and a lump sum of $11,432.03 payable jointly to Sara Olivia Cain and her attorney for attorneys' fees and costs. The Special Master adopted the stipulation, awarded the compensation, and found the fees to be reasonable. Judgment was directed to be entered in accordance with the decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00325-0 Date issued/filed: 2016-01-05 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/14/2015) regarding 19 DECISION Stipulation, DECISION Fees Stipulation Signed by Special Master Mindy Michaels Roth. (mbl) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00325-UNJ Document 21 Filed 01/05/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 14, 2015 * * * * * * * * * * * * * * * UNPUBLISHED SARA OLIVIA CAIN, * * No. 15-325V Petitioner, * * Special Master Roth v. * * Damages Decision Based on Stipulation; SECRETARY OF HEALTH * Attorney Fees and Costs; Meningitis AND HUMAN SERVICES, * Vaccine; Measles, Mumps, and * Rubella ("MMR") vaccine; Alopecia Respondent. * * * * * * * * * * * * * * * * * Peter J. Sarda, Creech Law Firm, Raleigh, NC, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On March 30, 2015, Sara Olivia Cain 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”], alleging that she developed alopecia as a result of the Meningitis Vaccine, which she received on April 11, 2014, and the Measles, Mumps, and Rubella ("MMR") vaccine, which she received on May 7, 2014. Respondent denies that these vaccines are the cause of petitioner’s alleged alopecia or any other injury or condition. Stipulation at ¶ 6. On December 11, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payments: 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), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 The Program comprises 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-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:15-vv-00325-UNJ Document 21 Filed 01/05/16 Page 2 of 2 1. A lump sum of $125,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- l 5(a); and 2. A Jump sum of $ 11,432.03 in the form of a check payable jointly to petitioner and petitioner’s attorney, Peter Sarda of the Creech Law Firm, P.A., for attorneys' fees and costs available under 42 U.S.C. § 300aa- l5(e), and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition. I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. Further, I find that the amount of stipulated fees is reasonable, and thus an award for fees and costs is appropriate pursuant to § 300aa-15(e)(1). The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2