VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00594 Package ID: USCOURTS-cofc-1_15-vv-00594 Petitioner: Charles Joy Filed: 2015-11-04 Decided: 2015-12-01 Vaccine: influenza Vaccination date: 2014-09-15 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Charles Joy filed a petition for compensation on June 11, 2015, alleging that an influenza vaccination he received on September 15, 2014, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. On November 2, 2015, the respondent filed a Rule 4(c) Report and Proffer on Damages, conceding that the petitioner's alleged injury was consistent with SIRVA and that the claim satisfied the legal requirements for compensation, including causation-in-fact. The respondent further indicated that the petitioner had satisfied all legal prerequisites for compensation under the National Vaccine Injury Compensation Program. Based on the respondent's concession and the evidence of record, the Chief Special Master, Nora Beth Dorsey, found the petitioner entitled to compensation. The respondent proffered an award of $70,000.00 for all damages, which the petitioner agreed to. Chief Special Master Dorsey awarded petitioner a lump sum payment of $70,000.00, payable to Charles Joy, representing compensation for all damages available under § 300aa-15(a). Subsequently, on December 22, 2015, the parties filed a Stipulation of Fact Concerning Attorneys' Fees and Costs. Petitioner's counsel, John Robert Howie, Jr. of Howie Law, P.C., represented that petitioner incurred no out-of-pocket expenses. The parties stipulated to an award of $12,285.20 for attorneys' fees and costs. Chief Special Master Dorsey granted this request, awarding the total of $12,285.20 as a lump sum payable jointly to petitioner and his counsel. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the precise mechanism of injury beyond the general category of SIRVA. Petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C., and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice. Theory of causation field: Petitioner Charles Joy alleged that an influenza vaccination administered on September 15, 2014, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and that causation-in-fact was met, satisfying the Althen requirements. The case was decided based on this concession and a proffer. Petitioner was awarded $70,000.00 for all damages. Attorneys' fees and costs were stipulated to be $12,285.20. The decision does not detail specific medical experts, clinical findings, or a precise mechanism of injury beyond the general SIRVA category. The theory of causation is considered off-Table. Chief Special Master Nora Beth Dorsey issued the decisions. Petitioner was represented by John Robert Howie, Jr. (Howie Law, P.C.), and respondent by Jennifer Leigh Reynaud (U.S. Department of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00594-0 Date issued/filed: 2015-12-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/04/2015) regarding 20 Ruling on Entitlement, DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00594-UNJ Document 24 Filed 12/01/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-594V Filed: November 4, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHARLES JOY, * * Petitioner, * Ruling on Entitlement; Damages * Decision Based on Proffer; * Concession; Influenza (“Flu”) SECRETARY OF HEALTH * Vaccination; Shoulder Injury Related AND HUMAN SERVICES, * to Vaccine Administration (“SIRVA”); * Special Processing Unit (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * John Robert Howie, Jr., Howie Law, P.C., for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES 1 Dorsey, Chief Special Master: On June 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” or “Program”]. Petitioner alleges that the influenza [“flu”] vaccination that he received on September 15, 2014 caused him to suffer a shoulder injury related to vaccination [“SIRVA”]. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 2, 2015, respondent filed a Rule 4(c) Report and Proffer on Damages in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer on Damages at 1 (ECF No. 19). Specifically, respondent “believes that petitioner’s alleged injury is consistent with SIRVA. . . . and agrees that petitioner’s claim satisfies the Althen requirements and that her alleged injury was caused-in-fact by a vaccination.” Id. at 3 (citations omitted). 1 Because this unpublished ruling and 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-00594-UNJ Document 24 Filed 12/01/15 Page 2 of 2 Respondent further indicates that “petitioner has satisfied all legal prerequisites for compensation under the Act”. Id. Additionally, “[b]ased upon the evidence of record, respondent proffers that petitioner should be awarded $70,000.00” in compensation. Respondent’s Rule 4(c) Report and Proffer on Damages at 3-4. Respondent represents that petitioner agrees with the proffered award. Id. In view of respondent’s concession and the evidence before me, the undersigned finds that petitioner is entitled to compensation. Further, based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in Respondent’s Rule 4(c) Report and Proffer on Damages. Pursuant to the terms stated in Respondent’s Rule 4(c) Report and Proffer on Damages at 4, the undersigned awards petitioner a lump sum payment of $70,000.00 in the form of a check payable to petitioner, Charles Joy.3 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.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 “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 pain and suffering, and future lost wages.” Respondent’s Rule 4(c) Report and Proffer on Damages at 4. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00594-1 Date issued/filed: 2016-05-02 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/22/2015) regarding 26 DECISION Fees Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00594-UNJ Document 29 Filed 05/02/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-594V Filed: December 22, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHARLES JOY, * * Petitioner, * v. * * Attorneys’ Fees and Costs; Stipulation SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 Dorsey, Chief Special Master: On June 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 he suffered shoulder injury related to vaccine administration (“SIRVA”) following his September 15, 2014 influenza vaccination. On November 4, 2015, the undersigned issued a decision awarding compensation to petitioner based on respondent’s proffer. On December 22, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an award of $12,285.20. 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-00594-UNJ Document 29 Filed 05/02/16 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 $12,285.203 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel John R. Howie, Jr. of Howie Law, P.C. 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.