VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01148 Package ID: USCOURTS-cofc-1_16-vv-01148 Petitioner: B.E. Filed: 2016-09-15 Decided: 2025-01-10 Vaccine: influenza Vaccination date: 2015-02-13 Condition: psoriasis and autoimmune hepatitis Outcome: compensated Award amount USD: 35492 AI-assisted case summary: Teri and Joshua Ennis, on behalf of their minor child B.E., filed a petition for vaccine compensation on September 15, 2016. They alleged that the influenza and measles, mumps, rubella (MMR) vaccines B.E. received on February 13, 2015, caused B.E. to suffer from psoriasis and autoimmune hepatitis. These conditions are listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused B.E.'s alleged conditions or any other injury. Despite maintaining their positions, the parties reached a joint stipulation to settle the case. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The stipulation awarded B.E. a total of $35,492.00. This amount includes a lump sum of $35,000.00 payable to petitioners as guardians/conservators of B.E.'s estate and $492.00 to reimburse a Medicaid lien for services rendered to B.E. by the Commonwealth of Kentucky. Petitioners agreed to endorse the check for the Medicaid lien reimbursement to Equian. The parties agreed that this compensation covers all damages available under the National Childhood Vaccine Injury Act. The case proceeded as a Table claim. The stipulation resolved all issues of liability and damages, with the exception of potential attorneys' fees and costs, which the parties agreed to submit for further proceedings. Petitioners and their attorney represented that the compensation is not for items or services for which the Program is not primarily liable. Payments are subject to statutory fund availability and will be made in accordance with 42 U.S.C. § 300aa-15(i). The parties agreed that the compensation will be used solely for B.E.'s benefit. Petitioners represented they were or would become duly authorized guardians/conservators of B.E.'s estate. In return for the payments, the petitioners, individually and on behalf of B.E., released the United States and the Secretary of Health and Human Services from all claims related to the alleged vaccine injuries. The stipulation stated that it was not an admission by the United States or the Secretary that the vaccines caused B.E.'s alleged injuries. The public decision was issued on January 10, 2025, following a stipulation filed on December 12, 2024. Amber Diane Wilson represented the petitioner, and Colleen Clemons Hartley represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioners Teri and Joshua Ennis alleged that the influenza and MMR vaccines administered to their minor child B.E. on February 13, 2015, caused B.E. to develop psoriasis and autoimmune hepatitis, which are listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation to settle the case, agreeing to an award of $35,000.00 to B.E.'s estate and $492.00 for a Medicaid lien reimbursement. The stipulation, adopted by Special Master Christian J. Moran on January 10, 2025, resolved all issues of liability and damages, except for attorneys' fees and costs. The public text does not detail the specific mechanism of causation, expert testimony, or clinical findings beyond the alleged conditions. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01148-0 Date issued/filed: 2025-01-10 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 12/13/2024) regarding 209 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (jjb) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01148-RAH Document 214 Filed 01/10/25 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * TERI ENNIS and JOSHUA ENNIS, * on behalf of B.E., minor child, * No. 16-1148V * Petitioners, * Special Master Christian J. Moran * v. * * Filed: December 13, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Diane Wilson, Wilson Science Law, Washington, DC, for Petitioner; Colleen Clemons Hartley, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On December 12, 2024, the parties filed a joint stipulation concerning the petition for compensation filed by Teri Ennis and Joshua Ennis on September 15, 2016. Petitioners alleged that the influenza and measles, mumps, rubella (“MMR”) vaccines B.E. received on February 13, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused B.E. to suffer from a Table injury of psoriasis and autoimmune hepatitis. Petitioners represents that there has been no prior award or settlement of a civil action for damages on B.E.’s behalf as a result of B.E.’s condition. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Case 1:16-vv-01148-RAH Document 214 Filed 01/10/25 Page 2 of 9 Respondent denies that E.B.’s alleged psoriasis and autoimmune hepatitis were caused-in-fact by the flu and/or MMR vaccines; and denies that the flu and/or MRR vaccines caused B.E. any other injury or B.E.’s current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A. A lump sum of $35,000.00 in the form of a check payable to petitioners as guardians/conservators of B.E.’s estate. B. A lump sum of $492.00 representing reimbursement of a Medicaid lien for services rendered to B.E. by the Commonwealth of Kentucky, in the form of a check jointly to petitioners and Equian: Equian Equian Event Number: 45702494 Patient: B.E. P.O. Box 182643 Columbus, OH 43218 Petitioners agree to endorse this check to Equian. These amounts 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 according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran 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 Case 1:16-vv-01148-RAH Document 214 Filed 01/10/25 Page 3 of 9 Christian J. Moran Special Master 3 Case 1:16-vv-01148-RAH Document 214 Filed 01/10/25 Page 4 of 9 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) TERI ENNIS and JOSHUA ENNIS, ) on behalf of B.E., a minor child, ) ) Petitioners, ) No. 16-1148V ) Special Master Moran v. ) ECF ) SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) STIPULATION The parties hereby stipulate to the following matters: 1. Teri Ennis and Joshua Ennis (“petitioners”), on behalf of B.E., a minor child, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine Program”). The petition seeks compensation for injuries allegedly related to B.E.’s receipt of the influenza (“flu”) vaccine and measles, mumps, rubella (“MMR”) vaccine, which vaccines are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a).1 2. B.E. received the vaccines on or about February 13, 2015. 3. The vaccinations were administered within the United States. 4. Petitioners allege that B.E. suffered psoriasis and autoimmune hepatitis that were caused-in-fact by the flu and/or MMR vaccines. Petitioners further allege that B.E. experienced the residual effects of these conditions for more than six months. 1 During the pendency of this case, petitioners filed an amended petition regarding subject flu and MMR vaccinations. Case 1:16-vv-01148-RAH Document 214 Filed 01/10/25 Page 5 of 9 5. Petitioners represent that there has been no prior award or settlement of a civil action for damages on B.E.’s behalf as a result of B.E.’s condition. 6. Respondent denies that B.E.’s alleged psoriasis and/or autoimmune hepatitis or its residual effects were caused-in-fact by the flu and/or MMR vaccines; and denies that the flu and/or MMR vaccines caused B.E. any other injury or B.E.’s current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioners have filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum of $35,000.00 in the form of a check payable to petitioners as guardians/conservators of B.E.’s estate. B. A lump sum of $492.00,2 representing reimbursement of a Medicaid lien for services rendered to B.E. by the Commonwealth of Kentucky, in the form of a check payable jointly to petitioners and Equian: Equian Equian Event Number: 45702494 Patient: B.E. P.O. Box 182643 Columbus, OH 43218 Petitioners agree to endorse this check to Equian. 2 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Kentucky may have against any individual as a result of any Medicaid payments the Kentucky Program has made to or on behalf of B.E. as a result of her alleged vaccine-related injuries suffered on or about February 13, 2015, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 Case 1:16-vv-01148-RAH Document 214 Filed 01/10/25 Page 6 of 9 These amounts represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioners have filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition. 10. Petitioners and petitioners’ attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys’ fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for B.E.’s benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. §§300aa-15(g) and (h). 13. Petitioners represent that petitioners presently are, or within 90 days of the date of judgment will become, duly authorized to serve as guardians/conservators of B.E.’s estate under 3 Case 1:16-vv-01148-RAH Document 214 Filed 01/10/25 Page 7 of 9 the laws of the Commonwealth of Kentucky. No payments pursuant to this Stipulation shall be made until petitioners provide the Secretary with documentation establishing their appointment as guardians/conservators of B.E.’s estate. If petitioners are not authorized by a court of competent jurisdiction to serve as guardians/conservators of B.E.’s estate at the time a payment pursuant to this Stipulation is to be made, any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as guardians/conservators of the estate of B.E., upon submission of written documentation of such appointment to the Secretary. Further, if guardianship is no longer required under the laws of the Commonwealth of Kentucky after B.E. has attained the age of majority, any such payment shall be paid to B.E. upon submission of written documentation of the termination of guardianship to the Secretary. 14. In return for the payments described in paragraphs 8 and 9, petitioners, in petitioners’ individual capacities, and as legal representatives of B.E., on their own behalf and on behalf of B.E., and B.E.’s heirs, executors, administrators, successors or assigns, do forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of B.E. resulting from, or alleged to have resulted from, the flu and/or MMR vaccinations administered on or about February 13, 2015, as alleged by petitioners in a petition for vaccine compensation filed on or about September 15, 4 Case 1:16-vv-01148-RAH Document 214 Filed 01/10/25 Page 8 of 9 2016, and in an amended petition for vaccine compensation filed on or about February 14, 2018, in the United States Court of Federal Claims as petition No. 16-1148V. 15. If B.E. should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 16. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties’ settlement and this Stipulation shall be voidable at the sole discretion of either party. 17. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 18. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu and/or MMR vaccines caused B.E.’s alleged injuries, or any other injuries or B.E.’s current condition. 19. All rights and obligations of petitioners hereunder shall apply equally to petitioners’ heirs, executors, administrators, successors, and/or assigns as legal representatives of B.E. END OF STIPULATION 5 Case 1:16-vv-01148-RAH Document 214 Filed 01/10/25 Page 9 of 9 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_16-vv-01148-cl-extra-10778457 Date issued/filed: 2025-01-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10311869 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ************************* TERI ENNIS and JOSHUA ENNIS, * on behalf of B.E., minor child, * No. 16-1148V * Petitioners, * Special Master Christian J. Moran * v. * * Filed: December 13, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* Amber Diane Wilson, Wilson Science Law, Washington, DC, for Petitioner; Colleen Clemons Hartley, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION 1 On December 12, 2024, the parties filed a joint stipulation concerning the petition for compensation filed by Teri Ennis and Joshua Ennis on September 15, 2016. Petitioners alleged that the influenza and measles, mumps, rubella (“MMR”) vaccines B.E. received on February 13, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused B.E. to suffer from a Table injury of psoriasis and autoimmune hepatitis. Petitioners represents that there has been no prior award or settlement of a civil action for damages on B.E.’s behalf as a result of B.E.’s condition. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Respondent denies that E.B.’s alleged psoriasis and autoimmune hepatitis were caused-in-fact by the flu and/or MMR vaccines; and denies that the flu and/or MRR vaccines caused B.E. any other injury or B.E.’s current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A. A lump sum of $35,000.00 in the form of a check payable to petitioners as guardians/conservators of B.E.’s estate. B. A lump sum of $492.00 representing reimbursement of a Medicaid lien for services rendered to B.E. by the Commonwealth of Kentucky, in the form of a check jointly to petitioners and Equian: Equian Equian Event Number: 45702494 Patient: B.E. P.O. Box 182643 Columbus, OH 43218 Petitioners agree to endorse this check to Equian. These amounts 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 according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran 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 Christian J. Moran Special Master 3 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) TERI ENNIS and JOSHUA ENNIS, ) on behalf of B.E., a minor child, ) ) Petitioners, ) No. 16-1148V ) Special Master Moran v. ) ECF ) SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) STIPULATION The parties hereby stipulate to the following matters: 1. Teri Ennis and Joshua Ennis (“petitioners”), on behalf of B.E., a minor child, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine Program”). The petition seeks compensation for injuries allegedly related to B.E.’s receipt of the influenza (“flu”) vaccine and measles, mumps, rubella (“MMR”) vaccine, which vaccines are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a). 1 2. B.E. received the vaccines on or about February 13, 2015. 3. The vaccinations were administered within the United States. 4. Petitioners allege that B.E. suffered psoriasis and autoimmune hepatitis that were caused-in-fact by the flu and/or MMR vaccines. Petitioners further allege that B.E. experienced the residual effects of these conditions for more than six months. 1 During the pendency of this case, petitioners filed an amended petition regarding subject flu and MMR vaccinations. 5. Petitioners represent that there has been no prior award or settlement of a civil action for damages on B.E.’s behalf as a result of B.E.’s condition. 6. Respondent denies that B.E.’s alleged psoriasis and/or autoimmune hepatitis or its residual effects were caused-in-fact by the flu and/or MMR vaccines; and denies that the flu and/or MMR vaccines caused B.E. any other injury or B.E.’s current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioners have filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum of $35,000.00 in the form of a check payable to petitioners as guardians/conservators of B.E.’s estate. B. A lump sum of $492.00, 2 representing reimbursement of a Medicaid lien for services rendered to B.E. by the Commonwealth of Kentucky, in the form of a check payable jointly to petitioners and Equian: Equian Equian Event Number: 45702494 Patient: B.E. P.O. Box 182643 Columbus, OH 43218 Petitioners agree to endorse this check to Equian. 2 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Kentucky may have against any individual as a result of any Medicaid payments the Kentucky Program has made to or on behalf of B.E. as a result of her alleged vaccine-related injuries suffered on or about February 13, 2015, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 These amounts represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioners have filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition. 10. Petitioners and petitioners’ attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys’ fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for B.E.’s benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-15(g) and (h). 13. Petitioners represent that petitioners presently are, or within 90 days of the date of judgment will become, duly authorized to serve as guardians/conservators of B.E.’s estate under 3 the laws of the Commonwealth of Kentucky. No payments pursuant to this Stipulation shall be made until petitioners provide the Secretary with documentation establishing their appointment as guardians/conservators of B.E.’s estate. If petitioners are not authorized by a court of competent jurisdiction to serve as guardians/conservators of B.E.’s estate at the time a payment pursuant to this Stipulation is to be made, any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as guardians/conservators of the estate of B.E., upon submission of written documentation of such appointment to the Secretary. Further, if guardianship is no longer required under the laws of the Commonwealth of Kentucky after B.E. has attained the age of majority, any such payment shall be paid to B.E. upon submission of written documentation of the termination of guardianship to the Secretary. 14. In return for the payments described in paragraphs 8 and 9, petitioners, in petitioners’ individual capacities, and as legal representatives of B.E., on their own behalf and on behalf of B.E., and B.E.’s heirs, executors, administrators, successors or assigns, do forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of B.E. resulting from, or alleged to have resulted from, the flu and/or MMR vaccinations administered on or about February 13, 2015, as alleged by petitioners in a petition for vaccine compensation filed on or about September 15, 4 2016, and in an amended petition for vaccine compensation filed on or about February 14, 2018, in the United States Court of Federal Claims as petition No. 16-1148V. 15. If B.E. should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 16. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties’ settlement and this Stipulation shall be voidable at the sole discretion of either party. 17. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 18. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu and/or MMR vaccines caused B.E.’s alleged injuries, or any other injuries or B.E.’s current condition. 19. All rights and obligations of petitioners hereunder shall apply equally to petitioners’ heirs, executors, administrators, successors, and/or assigns as legal representatives of B.E. END OF STIPULATION 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_16-vv-01148-cl-extra-11115184 Date issued/filed: 2025-08-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10648597 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ********************* TERI ENNIS and JOSHUA ENNIS, * on behalf of B.E., minor child, * No. 16-1148V * Petitioners, * Special Master Christian J. Moran * v. * * Filed: July 15, 2025 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ********************* Amber Diane Wilson, Wilson Science Law, Washington, DC, for Petitioners; Colleen Clemons Hartley, United States Dep’t of Justice, Washington, DC, for Respondent. PUBLISHED DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 Pending is the petitioners’ motion for attorneys’ fees and costs. They are awarded $272,876.90. * * * On September 15, 2016, petitioners filed for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 through 34. Petitioners alleged that that the influenza and measles, mumps, rubella vaccines their daughter, B.E., received on February 13, 2015, caused B.E. to suffer from 1 Because this published decision contains a reasoned explanation for the action in this case, the undersigned is required 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 (2018) (Federal Management and Promotion of Electronic Government Services). This posting means the decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the parties 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. psoriasis and autoimmune hepatitis. Petitioners were represented by Attorney Amber Wilson, who was then affiliated with the law firm, Maglio, Christopher & Toale, P.C. The litigation lasted more than eight years. During the litigation, Ms. Wilson stopped working for Maglio, Christopher & Toale and began to work at her own law firm. At various times, petitioners retained three people to assist them in their claim, Thomas Cupps, Omid Akbari, and Nanette Silverberg. The Secretary contested the case and retained other people. It appeared that the case was going to proceed to a hearing and Ms. Wilson added another attorney, Gary Krochmal, to assist her with trial. Shortly before a hearing during which Dr. Silverberg was anticipated to testify, the parties reached a tentative agreement to resolve the case informally. See Order, issued Nov. 30, 2023. As part of the process for finalizing the tentative agreement, petitioners retained an attorney to assist them in Probate Court to become guardian / conservator for B.E. On December 12, 2024, the parties filed a joint stipulation, which the undersigned adopted as a decision on December 13, 2024. 2024 WL 5320027. On January 22, 2025, petitioners filed a motion for attorneys’ fees and costs. Petitioners request attorneys’ fees and costs that total $315,214.40. Pursuant to General Order No. 9, petitioners warrant that they have not personally incurred any costs related to the prosecution of their case. Exhibit 144. Respondent deferred to the undersigned’s assessment, submitting its generic response. Resp’t’s Resp., filed Feb. 1, 2025. Petitioners did not file a reply thereafter. * * * Because petitioners received compensation, they are entitled to an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300aa–15(e). Thus, the question at bar is whether the requested amount is reasonable. The Vaccine Act permits an award of reasonable attorney’s fees and costs. 42 U.S.C. § 300aa–§15(e). The Federal Circuit has approved the lodestar approach to determine reasonable attorneys’ fees and costs under the Vaccine Act. This is a two-step process. Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343, 1348 (Fed. Cir. 2008). First, a court determines an “initial estimate … by ‘multiplying the number of hours reasonably expended on the litigation times a reasonable hourly rate.’” Id. at 1347-48 (quoting Blum v. Stenson, 465 U.S. 886, 888 (1984)). Second, the court may make an upward or downward departure from the initial 2 calculation of the fee award based on specific findings. Id. at 1348. Here, because the lodestar process yields a reasonable result, no additional adjustments are required. Instead, the analysis focuses on the elements of the lodestar formula, a reasonable hourly rate and a reasonable number of hours. In light of the Secretary’s lack of objection, the undersigned has reviewed the fee application for its reasonableness. See McIntosh v. Secʼy of Health & Human Servs., 139 Fed. Cl. 238 (2018). A. Reasonable Hourly Rates Under the Vaccine Act, special masters, in general, should use the forum (District of Columbia) rate in the lodestar calculation. Avera, 515 F.3d at 1349. There is, however, an exception (the so-called Davis County exception) to this general rule when the bulk of the work is done outside the District of Columbia and the attorneys’ rates are substantially lower. Id. 1349 (citing Davis Cty. Solid Waste Mgmt. and Energy Recovery Special Serv. Dist. v. U.S. Envtl. Prot. Agency, 169 F.3d 755, 758 (D.C. Cir. 1999)). In this case, most of the attorneys’ work was done inside of the District of Columbia. Petitioners request hourly rates that vary depending upon the person and the year. See Exhibit 137 passim and Exhibit 138 at 35. The proposed rates are consistent with previous awards and, therefore, are reasonable. See Delaney v. Sec’y of Health & Hum. Servs., No. 21-1620V, 2025 WL 900756 (Fed. Cl. Spec. Mstr. Feb. 18, 2025). B. Reasonable Number of Hours The second factor in the lodestar formula is a reasonable number of hours. Reasonable hours are not excessive, redundant, or otherwise unnecessary. See Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993). The Secretary also did not directly challenge any of the requested hours as unreasonable. The undersigned has reviewed the submitted billing entries and finds some adjustments are required. 3 Maglio, Christopher & Toale2 People consistently charged an excessive amount of time for the filing of exhibits and drafting an associated notice of filing. See, e.g. entries for Feb. 2, 2018; Dec. 18-21, 2018.3 These activities should not be charged at all. Missouri v. Jenkins, 491 U.S. 274, 288 n.10 (1989); Bennett v. Dep’t of Navy, 699 F.2d 1140, 1145 n.5 (Fed. Cir. 1983); Guy v. Sec'y of Health & Human Servs., 38 Fed. Cl. 403, 407-08 (1997). Time was spent preparing for a motion (or motions) for interim fees that was (or were) not filed. See entries for Mar. 14, 2018; Feb. 5-14, 2019; Mar. 11-12, 2019; May 8-14, 2020. Excessive time was spent on a routine motion for enlargement of time. See entries for Mar. 21, 2019. To account for these charges, $3,000 is removed from the proposed fees. See Fox v. Vice, 563 U.S. 836, 838 (2011) (indicating that trial courts may use “rough justice” in awarding attorneys’ fees). Wilson Science Law 4 No reductions are made to the amount of time Ms. Wilson spent. Instead, some of her invoicing should be commended. Ms. Wilson reviewed, in great detail, the submissions from the Secretary’s attorney. She appropriately differentiated the articles that she was reviewing. For example, on April 6, 2020, she created eight entries reflecting that she reviewed eight different articles. With this much specificity, crediting all of Ms. Wilson’s time is reasonable. (By way of contrast, if Ms. Wilson had combined all the entries into one larger task called “Review articles,” then assessing the reasonableness of her work would have been more difficult). Likewise, Ms. Wilson specified different portions of the brief she was drafting. See, e.g., entry for Jan. 21, 2011 (“Begin review of expert report from Respondent’s immunology expert and draft of citations for outline of medical 2 The time entries for Maglio, Christopher & Toale are found at Exhibit 138. They start on January 20, 2018. 3 Those citations are illustrative, not exhaustive. 4 The time entries are found at Exhibit 137. They start on March 29, 2020. 4 theory section for prehearing brief for special master”). Again, this detail promotes an assessment of the reasonableness of the activity. Gary A. Krochmal, PLLC 5 Mr. Krochmal spent less than 10 hours on the case. His activities in preparing for a hearing are reasonable. No adjustment is required. Therefore, petitioners are awarded attorneys’ fees in the amount of $222,255.50. C. Costs Incurred Like attorneys’ fees, a request for reimbursement of costs must be reasonable. Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992), aff’d, 33 F.3d 1375 (Fed. Cir. 1994). Petitioners have requested reimbursement for relatively small costs such as obtaining medical records and medical articles. These costs are reasonable. 6 The items meriting additional attention concern the probate attorneys and the three people retained during the litigation. Stevenson & Tierney 7 These attorneys charged a flat rate of $1,000 to assist with the appointment of petitioners as guardians / conservators in Kentucky probate court. They also charged for the filing fee. These charges are reasonable. 5 These time entries are found at Exhibit 140. They start on October 7, 2023. 6 A questionable set of costs derive from a trip to visit petitioners. See Exhibit 139 at 1 (entries for Apr. 11, 2017). In the undersigned’s experience, nearly all attorneys in the Vaccine Program successfully and competently represent their clients without meeting the client in- person. Thus, traveling to meet clients cannot be said to be essential to professional representation. However, the September 16, 2016 order regarding attorneys’ fees did not warn counsel about excessive traveling. Thus, the associated costs are accepted. By way of contrast, the undersigned’s current standard order regarding attorneys’ fees advises counsel that traveling simply to meet a client is likely not reasonable. 7 This invoice is found within Exhibit 137 at page 55. Ms. Wilson has included the invoice for the probate attorneys as within her firm’s costs. 5 Thomas Cupps The first expert retained was Thomas Cupps. He graduated from medical school in 1975, became board-certified in internal medicine in 1978, and became board-certified in allergy and immunology in 1982. Exhibit 35 (curriculum vitae) at 1. He has worked within the division of rheumatology, immunology and allergy at Georgetown University Medical Center. Id. at 2. In Dr. Cupps’s report, he proposed that B.E. suffered from psoriasis and autoimmune hepatitis and that the vaccines caused those conditions. Exhibit 34. He has charged 68 hours of work at the rate of $650.00 per hour. Dr. Cupps’s invoice totals $44,200.00. Exhibit 139 at 73-75. The proposed amount is unreasonable. Both the number of hours (68 hours) and the proposed hourly rate ($650 per hour) are excessive. As discussed below, petitioners’ other two experts completed their first reports in approximately half the time for which Dr. Cupps has invoiced. This evidence supports a finding that a reasonable amount of time for preparing a report is 34 hours. With respect to Dr. Cupps’s proposed hourly rate, petitioners have failed to present evidence to support a finding that $650.00 per hour is reasonable for Dr. Cupps. Petitioners identified one case in support. Pet’rs’ Mot. at 3 ¶ 5. However, the cited case, Gomes v. Sec’y of Health & Hum. Servs., No. 13-375V, 2015 WL 4722652 (Fed. Cl. Spec. Mstr. July 20, 2015), contains no analysis of Dr. Cupps’s hourly rate. Regardless of Dr. Cupps’s qualifications, his performance in this case was not good. Poor performance may justify a reduction in an expert’s proposed hourly rate. Frantz v. Sec’y of Health & Hum. Servs., 146 Fed. Cl. 137, 146 (2019); Murray v. Sec’y of Health & Hum. Servs., No. 19-1976V, 2023 WL 9503422, at *2-3 (Fed. Cl. Spec. Mstr. Dec. 22, 2023) (reducing expert’s rate from $500 per hour to $100 per hour). Here, after Dr. Cupps proposed B.E. suffered from autoimmune hepatitis, the Secretary retained a pediatric gastroenterologist, Elizabeth Rand, who stated that B.E. did not suffer from autoimmune hepatitis. Exhibit F. Petitioners did not submit a report from Dr. Cupps in response to Dr. Rand. Furthermore, when petitioners argued their case, they anticipated relying upon Dr. Cupps’s opinion for only rebuttal testimony. See Pet’rs’ Status Rep., filed Apr. 1, 2021. Regardless, 6 Dr. Cupps’s opinion that B.E. suffered from autoimmune hepatitis seems lacking in reliability. See Resp’t’s Br., filed Sep. 29, 2021, at 27-28. Dr. Cupps appears not to have any specialized experience in diagnosing or treating autoimmune hepatitis. See Exhibit 35 (curriculum vitae). Offering an opinion that appears to be outside his field of expertise complicated the case and may have hindered an informal resolution of the case. When these factors are considered, a reasonable hourly rate for Dr. Cupps’s work is $300 per hour. See Buchman v. Sec’y of Health & Hum. Servs., No. 20-834V, 2023 WL 7220777 (Fed. Cl. Spec. Mstr. Oct. 11, 2023). A reasonable amount of compensation, therefore, is $10,200.00. This is a deduction of $34,000.00. Omid Akbari The second person retained was Omid Akbari. He earned a Ph.D. in immunology but is not a medical doctor. Exhibit 65 (curriculum vitae). Dr. Akbari opined that the vaccinations “could have been the environmental trigger necessary to induce expression of disease in a genetically susceptible child.” Exhibit 65 at 11. The disease that Dr. Akbari discusses in his report is psoriasis. For his report, he has charged 30.5 hours at a rate of $500 per hour. His total request is $15,250.00. Exhibit 139 at 131-32. The proposed amount is excessive. As suggested above, the proposed number of hours (30.5) is reasonable. However, the hourly rate is unreasonably high. Because Dr. Akbari is not a medical doctor, he should not be compensated as highly as people who are qualified to treat people. This reasoning has been found not arbitrary. See Lewis v. Sec'y of Health & Human Servs., No. 15-907V, 2020 WL 831998, at *7 (Fed. Cl. Spec. Mstr. Jan. 24, 2020), mot. for rev. denied in relevant part, 149 Fed. Cl. 308, 314-15 (2020) (citing Dominguez v. Sec'y of Health & Human Servs., No. 12-378V, 2018 WL 3028975 (Fed. Cl. Spec. Mstr. May 25, 2018)). Accordingly, a reasonable hourly rate for Dr. Akbari is $325.00. A reasonable amount of compensation for Dr. Akbari is $9,912.50. This is a deduction of $5,337.50. 7 Nanette Silverberg The third person whom petitioners retained is Nanette Silverberg. She graduated in medical school in 1994 and has been teaching dermatology in various roles since 1999. She became board-certified in dermatology in 1998. She also holds a board certification in pediatrics. Exhibit 63 (curriculum vitae). Dr. Silverberg turned out to be petitioners’ primary, and potentially exclusive, expert. See Pet’rs’ Status Rep., filed Apr. 1, 2021. The thrust of her opinion, which were expressed in three reports, is that the vaccines caused B.E. to suffer psoriasis. See Exhibits 62, 109, and 130. Dr. Silverberg prepared three invoices. The first was directed to Ms. Wilson when Ms. Wilson worked at Maglio, Christopher & Toale. Exhibit 139 at 118. The other two were created when Ms. Wilson was working at her own firm. Exhibit 137 at 32 and 43. Dr. Silverberg proposes being compensated at a rate of $500.00 per hour. This rate is reasonable. The number of hours that Dr. Silverberg has charged is also reasonable. Thus, no change is made to the amount requested for Dr. Silverberg.8 D. Conclusion The Vaccine Act permits an award of reasonable attorney’s fees and costs. 42 U.S.C. § 300aa-15(e). The following amounts are awarded: 8 Although Dr. Silverberg prepared reports that were at least credible and prepared appropriate invoices, another aspect of being an expert witness raised a concern. It appeared that Dr. Silverberg may not have been very flexible / available when scheduling time to testify at a hearing. Any attorney considering retaining Dr. Silverberg in the future is encouraged to address whether she is available to attend hearings, which might last more than one day. 8 Requested Awarded Item Amount Adjustment Amount Maglio, Christopher & Toale Fees $74,139.50 Excessive Charges $3,000.00 $71,139.50 Maglio, Christopher & Toale Costs $78,424.62 Reduction for Dr. Cupps $34,000.00 Reduction for Dr. Akbari $5,337.50 $39,087.12 Wilson Science Law Fees $146,364.40 Adjustments 0 $146,364.40 Wilson Science Law Costs $11,534.28 Adjustments 0 $11,534.28 Krochmal Fees $4,751.60 Adjustments 0 $4,751.60 TOTAL $272,876.90 Accordingly, the undersigned awards $272,876.90 (representing $222,255.50 in attorneys’ fees and $50,621.40 in attorneys’ costs). This amount shall be paid through an ACH deposit to petitioners’ counsel’s IOLTA account for prompt disbursement. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 9 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 9 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 9