VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00856 Package ID: USCOURTS-cofc-1_15-vv-00856 Petitioner: Charles Jarrett Filed: 2015-12-04 Decided: 2016-04-26 Vaccine: influenza Vaccination date: 2014-02-06 Condition: Guillain-Barré Syndrome (“GBS”) Outcome: compensated Award amount USD: 130764 AI-assisted case summary: Charles Jarrett filed a petition for compensation under the National Vaccine Injury Compensation Program on August 11, 2015, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on February 6, 2014. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Jarrett's GBS or any other injury. The parties subsequently filed a joint stipulation on December 4, 2015, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr. Jarrett was awarded a lump sum of $130,764.62, representing compensation for all items of damages available under the Vaccine Act. On April 26, 2016, a separate decision addressed attorney's fees and costs. The parties had filed a stipulation on December 15, 2015, agreeing to an award of $16,120.40 for attorney's fees and costs. Chief Special Master Dorsey approved this amount as reasonable. This award was to be paid as a lump sum in the form of a check jointly payable to Mr. Jarrett and his counsel, Amber Wilson of Maglio, Christopher and Toale. The total compensation awarded to Mr. Jarrett was $146,885.02 ($130,764.62 in damages plus $16,120.40 for attorney's fees and costs). The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Petitioner was represented by Amber Wilson, and respondent was represented by Lara Englund. Theory of causation field: Petitioner Charles Jarrett alleged that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on February 6, 2014. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $130,764.62 for damages and $16,120.40 for attorney's fees and costs, totaling $146,885.02. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, as the case was resolved via stipulation. Petitioner was represented by Amber Wilson, and respondent was represented by Lara Englund. The decision was issued on April 26, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00856-0 Date issued/filed: 2016-04-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/04/2015) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00856-UNJ Document 28 Filed 04/26/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-856V Filed: December 4, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHARLES JARRETT, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Wilson, Maglio, Christopher and Toale, Washington, DC, for petitioner. Lara Englund, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 11, 2015, Charles Jarrett (“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 he suffered Guillain- Barré Syndrome (“GBS”) after receiving the influenza vaccine on February 6, 2014. Petition, ¶¶ 3, 13; see also Stipulation, filed Dec. 4, 2015, ¶¶ 2, 4. Petitioner further alleges that he has suffered the effects of his injury for more than six month and that neither he nor anyone else has brought an action or has received compensation for his injuries. Petition, ¶¶ 15, 17-18; see also Stipulation ¶¶ 4-5. “Respondent denies that the flu vaccine is the cause of petitioner’s GBS or any other injury or his current condition.” Stipulation, ¶ 6. 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-00856-UNJ Document 28 Filed 04/26/16 Page 2 of 7 Nevertheless, on December 4, 2015, 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. The parties stipulated that petitioner shall receive the following compensation: A lump sum of $130,764.62 in the form of a check payable to petitioner. Stipulation, ¶ 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 CCaassee 11::1155--vvvv--0000885566--UUNNJJ DDooccuummeenntt 1278 FFiilleedd 1024//0246//1156 PPaaggee 13 ooff 57 CCaassee 11::1155--vvvv--0000885566--UUNNJJ DDooccuummeenntt 1278 FFiilleedd 1024//0246//1156 PPaaggee 24 ooff 57 CCaassee 11::1155--vvvv--0000885566--UUNNJJ DDooccuummeenntt 1278 FFiilleedd 1024//0246//1156 PPaaggee 35 ooff 57 CCaassee 11::1155--vvvv--0000885566--UUNNJJ DDooccuummeenntt 1278 FFiilleedd 1024//0246//1156 PPaaggee 46 ooff 57 CCaassee 11::1155--vvvv--0000885566--UUNNJJ DDooccuummeenntt 1278 FFiilleedd 1024//0246//1156 PPaaggee 57 ooff 57 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00856-1 Date issued/filed: 2016-04-27 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/15/2015) regarding 25 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00856-UNJ Document 29 Filed 04/27/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-856V Filed: December 15, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHARLES JARRETT, * * Petitioner, * v. * Attorney Fees and Costs; Stipulation * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Lara Englund, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Dorsey, Chief Special Master: On August 11, 2015, Charles Jarrett (“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 he suffered Guillain- Barré Syndrome (“GBS”) after receiving the influenza vaccine on February 6, 2014. Petition, ¶¶ 3, 13. On December 4, 2015, a decision awarding compensation to petitioner based on the parties’ stipulation was issued. On December 15, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of $16,120.40 for attorney’s fees and costs. In compliance with General Order 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), petitioners have 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-00856-UNJ Document 29 Filed 04/27/16 Page 2 of 2 #9, petitioner filed a statement indicating petitioner incurred no out-of-pocket expenses in this case.3 The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). The proposed amount is reasonable. Accordingly, I award the total of $16,120.404 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Amber Wilson. The clerk of the court shall enter judgment in accordance herewith.5 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Petitioner’s counsel also represented that petitioner incurred no out-of-pocket expenses. Stipulation, ¶ 5. 4 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). 5 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a). 2