VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00475 Package ID: USCOURTS-cofc-1_15-vv-00475 Petitioner: Judy G. Davidson Filed: 2016-02-02 Decided: 2016-05-05 Vaccine: influenza Vaccination date: 2013-11-14 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 160000 AI-assisted case summary: Judy G. Davidson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine she received on November 14, 2013, caused her to develop Guillain-Barré Syndrome (GBS). She further alleged that she suffered the effects of her injury for more than six months. The respondent denied that the flu vaccine caused her GBS or any other injury. Despite the denial, the parties filed a joint stipulation agreeing to an award of compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Judy G. Davidson was awarded $160,000.00 as compensation for all items of damages. Additionally, a separate decision addressed attorneys' fees and costs, awarding $15,563.46 as a lump sum jointly payable to Ms. Davidson and her counsel, Susan M. Cremer. The total compensation awarded to Ms. Davidson was $160,000.00, with separate payment for legal expenses. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00475-0 Date issued/filed: 2016-05-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/2/2016) regarding 22 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00475-UNJ Document 30 Filed 05/05/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0475V Filed: February 2, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * JUDY G. DAVIDSON, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Susan Cremer, Law Offices of Michael Lawson Neff, PC, Atlanta, GA, for petitioner. Julia McInerny, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On May 11, 2015, Judy G. Davidson (“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 an influenza vaccine she received on November 14, 2013, caused her to develop Guillain-Barré Syndrome (“GBS”). Petition at ¶¶ 5, 6; see also Stipulation, filed Feb. 1, 2016, at ¶¶ 2, 4. Petitioner further alleges that she suffered the effects of her injury for more than six months. Petition at ¶ 6; see also Stipulation at ¶ 4. Respondent denies that the flu vaccine caused petitioner’s GBS or any other injury. Stipulation at ¶ 6. Nevertheless, on February 1, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. 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. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of Electronic Government Services). 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-00475-UNJ Document 30 Filed 05/05/16 Page 2 of 7 The parties stipulated that petitioner shall receive the following compensation: A lump sum of $160,000.00 in the form of a check payable to petitioner, Judy G. Davidson. Stipulation at ¶ 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-00475-UNJ Document 30 Filed 05/05/16 Page 3 of 7 Case 1:15-vv-00475-UNJ Document 30 Filed 05/05/16 Page 4 of 7 Case 1:15-vv-00475-UNJ Document 30 Filed 05/05/16 Page 5 of 7 Case 1:15-vv-00475-UNJ Document 30 Filed 05/05/16 Page 6 of 7 Case 1:15-vv-00475-UNJ Document 30 Filed 05/05/16 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00475-1 Date issued/filed: 2016-05-06 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/12/2016) regarding 27 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00475-UNJ Document 31 Filed 05/06/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0475V Filed: February 12, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JUDY G. DAVIDSON, * * Petitioner, * v. * * Attorneys’ Fees and Costs; Stipulation SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Susan Cremer, Law Offices of Michael Lawson Neff, PC, Atlanta, GA, for petitioner. Julia McInerny, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 Dorsey, Chief Special Master: On May 11, 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 an influenza vaccine she received on November 14, 2013, caused her to develop Guillain-Barré Syndrome (“GBS”). On February 2, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties’ joint stipulation. On February 12, 2016, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an award of $15,563.46. In accordance with General Order #9, petitioner submitted a 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. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of Electronic Government Services). 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-00475-UNJ Document 31 Filed 05/06/16 Page 2 of 2 statement confirming that she incurred no out-of-pocket expenses in the prosecution of her petition. 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 $15,563.463 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, Susan M. Cremer. 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. 2