VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00865 Package ID: USCOURTS-cofc-1_15-vv-00865 Petitioner: Georgette Taylor Filed: 2015-11-10 Decided: 2016-05-02 Vaccine: influenza Vaccination date: 2014-09-23 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 111678 AI-assisted case summary: Georgette Taylor filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine she received on September 23, 2014, caused her to suffer a shoulder injury. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, conceded that Ms. Taylor's injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that it was caused by the flu vaccine. The respondent also confirmed that no other causes for the SIRVA were identified and that Ms. Taylor had suffered the sequelae of her injury for more than six months, satisfying the legal prerequisites for compensation. Based on a proffer from the respondent, Ms. Taylor was awarded $100,963.12 in compensation for all damages. Subsequently, the parties filed a stipulation for attorney's fees and costs, agreeing to an award of $10,714.90. This total award of $111,678.02 was issued as a lump sum payment. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00865-0 Date issued/filed: 2016-01-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/10/2015) regarding 15 Ruling on Entitlement, DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00865-UNJ Document 24 Filed 01/13/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-865V Filed: November 10, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * GEORGETTE TAYLOR, * * Petitioner, * Ruling on Entitlement; Damages * Decision Based on Proffer; * Concession; Influenza (“Flu”) Vaccine; SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine AND HUMAN SERVICES, * Administration (“SIRVA”); Special * Processing Unit (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. 1 RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES Dorsey, Chief Special Master: On August 12, 2015, Georgette Taylor (“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 she received on September 23, 2014, caused her to suffer a shoulder injury. Petition at 1-4. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On November 9, 2015, respondent filed a Rule 4(c) Report and Proffer on Damages (“Report and Proffer”) in which she concedes that petitioner is entitled to compensation in this case. Report and Proffer at 1. Specifically, respondent “concluded that petitioner’s alleged injury is consistent with shoulder injury related to vaccine administration (“SIRVA”), and that it was caused in fact by the flu vaccine she received on September 23, 2014.” Id. at 3. Additionally, respondent “did not identify 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-00865-UNJ Document 24 Filed 01/13/16 Page 2 of 2 any other causes for petitioner’s SIRVA, and records show that she has suffered the sequela of her injury for more than six months.” Id. Petitioner has therefore “satisfied all legal prerequisites for compensation under the Act.” Id. at 4. Based upon the evidence of record, respondent proffers that petitioner should be awarded $100,963.12 in compensation. Report and Proffer at 4. Respondent represents that petitioner agrees with the proffered award. Id. In view of respondent’s concession and the evidence of record, 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 $100,963.12 in the form of a check payable to petitioner, Georgette Taylor. 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.” Report and Proffer at 4, fn. 1. 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. ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00865-1 Date issued/filed: 2016-05-02 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/17/2015) regarding 21 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00865-UNJ Document 25 Filed 05/02/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0865V Filed: December 17, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * GEORGETTE TAYLOR, * * Petitioner, * v. * Attorney Fees and Costs; Stipulation * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. 1 DECISION ON ATTORNEY FEES AND COSTS Dorsey, Chief Special Master: On August 12, 2015, Georgette Taylor (“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 alleged that the influenza (“flu”) vaccination that she received on September 23, 2014, caused her to suffer a shoulder injury. On November 10, 2015, a decision was issued awarding compensation to petitioner based on a proffer from respondent. On December 16, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an award of $10,714.90 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-00865-UNJ Document 25 Filed 05/02/16 Page 2 of 2 #9, petitioner filed a statement indicating that she incurred no out-of-pocket expenses related to the litigation of this case. 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. 3 Accordingly, the undersigned awards the total of $10,714.90 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Amber D. Wilson. 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 Entry of judgment can be expedited by the filing of a joint notice renouncing the right to seek review. See Vaccine Rule 11(a).