VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00431 Package ID: USCOURTS-cofc-1_15-vv-00431 Petitioner: Sherry C. Johnson Filed: 2015-10-20 Decided: 2015-11-13 Vaccine: influenza Vaccination date: 2013-10-08 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 8930 AI-assisted case summary: Sherry C. Johnson filed a petition on April 29, 2015, alleging that an influenza vaccine administered on October 8, 2013, caused her to develop Guillain-Barré Syndrome (GBS). The petition was filed under the National Childhood Vaccine Injury Act of 1986. On October 16, 2015, the Special Master issued an Order Concluding Proceedings, dismissing the case. Subsequently, on October 20, 2015, the parties filed a stipulation of facts concerning attorneys' fees and costs. They agreed to an award of $8,930.94 in attorneys' fees and costs. Petitioner's counsel, Nancy R. Meyers of Ward Black Law, represented that Petitioner incurred no costs. Respondent was represented by Christine Becer of the United States Department of Justice. Special Master Lisa Hamilton-Fieldman found that the petition was brought in good faith and had a reasonable basis, deeming the requested amount appropriate. The Special Master awarded $8,930.94, payable by check jointly to Sherry C. Johnson and Nancy R. Meyers. The clerk was ordered to enter judgment in accordance with the stipulation, barring a motion for review. The decision was unpublished and intended for posting on the court's website, with provisions for redaction requests. Theory of causation field: Petitioner Sherry C. Johnson alleged that an influenza vaccine administered on October 8, 2013, caused her to develop Guillain-Barré Syndrome (GBS). The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, or treatments. The case was dismissed on October 16, 2015, by Special Master Lisa Hamilton-Fieldman. On October 20, 2015, the parties stipulated to attorneys' fees and costs, agreeing to an award of $8,930.94, which was approved by Special Master Hamilton-Fieldman. The award was made jointly to Petitioner and her counsel, Nancy R. Meyers. Respondent was represented by Christine Becer. The decision was unpublished. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00431-0 Date issued/filed: 2015-11-06 Pages: 2 Docket text: PUBLIC ORDER (Originally filed: 10/16/2015) regarding 17 Order Concluding Proceedings. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00431-UNJ Document 20 Filed 11/06/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: October 16, 2015) * * * * * * * * * * * * * * * UNPUBLISHED SHERRY C. JOHNSON, * * No. 15-431 Petitioner, * * Special Master Hamilton-Fieldman v. * * Voluntary dismissal under SECRETARY OF HEALTH * Vaccine Rule 21(a). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * Nancy R. Meyers, Ward Black Law, Greensboro, NC, for Petitioner. Christine M. Becer, United States Department of Justice, Washington, DC, for Respondent. ORDER CONCLUDING PROCEEDINGS1 On April 29, 2015, Sherry C. Johnson (“Petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioner alleged that an influenza (“flu”) vaccine administered on October 8, 2013 caused her to suffer from Guillain-Barré Syndrome (“GBS”). On October 16, 2015, the parties filed a Joint Stipulation of Dismissal, stating the parties give notice of Petitioner’s voluntary dismissal pursuant to Vaccine Rule 21(a). Accordingly, pursuant to Vaccine Rule 21(a), the above-captioned case is hereby dismissed. The Clerk of Court is hereby instructed that a judgment shall not enter in the instant case pursuant to Vaccine Rule 21(a). 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends 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 and 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 § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access. Case 1:15-vv-00431-UNJ Document 20 Filed 11/06/15 Page 2 of 2 CONCLUSION Proceedings are concluded in this case. IT IS SO ORDERED. s/Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00431-1 Date issued/filed: 2015-11-13 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/20/2015) regarding 19 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00431-UNJ Document 21 Filed 11/13/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-431V Filed: October 20, 2015 * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED SHERRY C. JOHNSON, * * Special Master Hamilton-Fieldman Petitioner, * v. * Attorneys’ Fees and Costs; Reasonable * Amount Requested to which Respondent SECRETARY OF HEALTH * Does Not Object. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Nancy R. Meyers, Ward Black Law, Greensboro, NC, for Petitioner. Christine Becer, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On April 29, 2015, Sherry C. Johnson (“Petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioner alleged that the administration of an influenza (“flu”) vaccine on October 8, 2013 caused her to suffer from Guillain-Barré Syndrome (“GBS”). Petition (“Pet.”) at 1-4. On October 16, 2015, the undersigned filed an Order Concluding Proceedings dismissing the case. Order, ECF No. 17. On October 20, 2015, Petitioner filed a “Stipulation of Facts Concerning Attorneys’ Fees and Costs”. Pursuant to their Stipulation, the parties have agreed to an award of $8,930.94 in attorneys’ fees and costs. In accordance with General Order #9, Petitioner’s counsel represents that Petitioner has not incurred any costs in pursuit of her claim. Stipulation, ECF No. 18. The undersigned finds that this petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, the undersigned hereby awards the amount of $8,930.94, in the 1 The undersigned intends to post this unpublished 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)). As provided by Vaccine Rule 18(b), each party has 14 days within which to file a motion for redaction “of any information furnished by that party (1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of privacy.” In the absence of such motion, the entire decision will be available to the public. Id. 1 Case 1:15-vv-00431-UNJ Document 21 Filed 11/13/15 Page 2 of 2 form of a check made payable jointly to Petitioner and Petitioner’s counsel, Nancy R. Meyers. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.2 IT IS SO ORDERED. /s/ Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master 2 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