VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00612
Package ID: USCOURTS-cofc-1_16-vv-00612
Petitioner: Russell Green
Filed: 2016-05-24
Decided: 2016-11-28
Vaccine: influenza
Vaccination date: 2014-09-09
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Petitioner Russell Green filed a petition on May 24, 2016, alleging that the influenza vaccine he received on September 9, 2014, caused him to suffer transverse myelitis, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied that the vaccine caused the injury. The parties subsequently filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Mr. Green was awarded a lump sum payment of $90,000.00 for all damages. Petitioner was represented by Howard Scott Gold of the Gold Law Firm, and respondent was represented by Kathryn A. Robinette of the U.S. Department of Justice. Subsequently, on November 8, 2016, petitioner filed an unopposed motion for attorneys' fees and costs. Special Master Christian J. Moran granted this motion, awarding a total of $11,927.06, payable as a lump sum in the form of a check jointly payable to petitioner Russell Green and his counsel, Howard S. Gold. This amount covered attorneys' fees of $11,208.50 and attorneys' costs of $718.56.

Theory of causation field:
Petitioner Russell Green received an influenza vaccine on September 9, 2014. He alleged that this vaccine caused him to suffer transverse myelitis, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. Petitioner was awarded $90,000.00 for all damages. Petitioner's counsel was Howard Scott Gold, and respondent's counsel was Kathryn A. Robinette. Attorneys' fees and costs were subsequently awarded in the amount of $11,927.06, payable jointly to petitioner and his counsel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00612-0
Date issued/filed: 2016-11-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/02/2016) regarding 17 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
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Case 1:16-vv-00612-UNJ Document 25 Filed 11/28/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
RUSSELL GREEN, * No. 16-612V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: November 2, 2016
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * transverse myelitis.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Howard Scott Gold, Gold Law Firm, Wellesley Hills, MA, for Petitioner;
Kathryn A. Robinette, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On November 2, 2016, the parties filed a joint stipulation concerning the
petition for compensation filed by Russell Green on May 24, 2016. In his petition,
petitioner alleged that the influenza vaccine, which is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
September 9, 2014, caused him to suffer transverse myelitis. Petitioner further
alleges that he suffered the residual effects of this injury for more than six months.
Petitioner represents that there has been no prior award or settlement of a civil
action for damages on his behalf as a result of his condition.
Respondent denies that the influenza vaccine caused petitioner to suffer
transverse myelitis or any other injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:16-vv-00612-UNJ Document 25 Filed 11/28/16 Page 2 of 2
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $90,000.00 in the form of a check payable to
petitioner, Russell Green. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 16-612V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00612-1
Date issued/filed: 2016-12-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/9/16) regarding 22 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties.
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Case 1:16-vv-00612-UNJ Document 26 Filed 12/07/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
RUSSELL GREEN, * No. 16-612V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: November 9, 2016
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* has not objected
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Howard Scott Gold, Gold Law Firm, Wellesley Hills, MA, for Petitioner;
Kathryn A. Robinette, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS1
On May 24, 2016, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., (the
“Vaccine Act”). Petitioner alleged that he suffered Transverse Myelitis. On
November 2, 2016, the undersigned issued a decision awarding compensation to
petitioner based on the parties’ stipulation.
Because petitioner received compensation, petitioner is entitled to an award
of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
On November 8, 2016, petitioner filed an unopposed motion for attorneys’
fees and costs. Petitioner requests attorneys’ fees in the amount of $11,208.50 and
attorneys’ costs in the amount of $718.56 for a total amount of $11,927.06. In
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.

Case 1:16-vv-00612-UNJ Document 26 Filed 12/07/16 Page 2 of 2
accordance with General Order #9, petitioner’s counsel represents that petitioner
incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs.
§ 15(e). Based on the reasonableness of petitioner’s request and the lack of
opposition from respondent, the undersigned GRANTS petitioner’s motion for
attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $11,927.06. Of this
amount $ 11,927.06 shall be payable as a lump sum in the form of a check
jointly payable to petitioner and petitioner’s counsel Howard S. Gold. 2
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 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, § 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 of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991).
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