VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01514 Package ID: USCOURTS-cofc-1_18-vv-01514 Petitioner: Cheree Dowdell Filed: 2018-09-28 Decided: 2023-10-27 Vaccine: influenza Vaccination date: 2015-10-09 Condition: lichen planus pigmentosus and dermatosis Outcome: compensated Award amount USD: 15000 AI-assisted case summary: On September 28, 2018, Cheree Dowdell filed a petition alleging that an influenza vaccine administered on October 9, 2015, caused her to suffer from lichen planus pigmentosus and dermatosis. The respondent denied that the vaccine caused these conditions or significantly aggravated any pre-existing injury, and also denied that Petitioner's current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a stipulation on October 2, 2023, recommending an award of compensation to Petitioner. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The stipulation provided for a lump sum payment of $15,000.00, payable to Petitioner, as compensation for all damages. The parties agreed to waive their right to seek review, allowing for expedited entry of judgment. Petitioner was represented by Howard Scott Gold of Gold Law Firm, and Respondent was represented by Jamica Marie Littles of the U.S. Department of Justice. Theory of causation field: Petitioner Cheree Dowdell alleged that an influenza vaccine administered on October 9, 2015, caused her to suffer from lichen planus pigmentosus and dermatosis. Respondent denied causation and aggravation. The parties reached a stipulation for compensation, and the Special Master adopted it. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The award was a lump sum of $15,000.00 for all damages. Special Master Nora Beth Dorsey issued the decision based on the stipulation on October 27, 2023. Petitioner's counsel was Howard Scott Gold, and Respondent's counsel was Jamica Marie Littles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01514-0 Date issued/filed: 2023-10-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/2/2023) regarding 109 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01514-UNJ Document 113 Filed 10/27/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 2, 2023 * * * * * * * * * * * * * * * CHEREE DOWDELL, * * Petitioner, * No. 18-1514V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Lichen Planus * Pigmentosus (“LPP”); Dermatosis. Respondent. * * * * * * * * * * * * * * * * * Howard Scott Gold, Gold Law Firm, Wellesley, MA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On September 28, 2018, Cheree Dowdell (“Petitioner”) filed a petition in the National Vaccine Injury Program2 alleging that as a result of the influenza (“flu”) vaccine administered on October 9, 2015, she suffered lichen planus pigmentosus (“LPP”) and dermatosis. Petition at Preamble (ECF No. 1). On October 2, 2023, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 108). Respondent denies that the flu vaccine 1 Because this 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 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), 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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:18-vv-01514-UNJ Document 113 Filed 10/27/23 Page 2 of 7 caused Petitioner to suffer LPP, dermatosis, or any other injury; denies that the flu vaccine significantly aggravated any alleged injury or condition; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. 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 stipulate that Petitioner shall receive the following compensation: A lump sum of $15,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:18-vv-01514-UNJ Document 113 Filed 10/27/23 Page 3 of 7 Case 1:18-vv-01514-UNJ Document 113 Filed 10/27/23 Page 4 of 7 Case 1:18-vv-01514-UNJ Document 113 Filed 10/27/23 Page 5 of 7 Case 1:18-vv-01514-UNJ Document 113 Filed 10/27/23 Page 6 of 7 Case 1:18-vv-01514-UNJ Document 113 Filed 10/27/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01514-cl-extra-10734215 Date issued/filed: 2024-09-19 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267625 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 20, 2024 * * * * * * * * * * * * * CHEREE DOWDELL, * UNPUBLISHED * Petitioner, * No. 18-1514V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Attorneys’ Fees and Costs. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Howard Scott Gold, Gold Law Firm, Wellesley, MA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. AMENDED DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On September 28, 2018, Cheree Dowdell (“Petitioner”) filed a petition in the National Vaccine Injury Program2 alleging that as a result of the influenza (“flu”) vaccine administered on October 9, 2015, she suffered lichen planus pigmentosus (“LPP”) and dermatosis. Petition at Preamble (ECF No. 1). On October 2, 2023, the undersigned issued a Decision Based on Stipulation, awarding Petitioner compensation. Decision Based on Stipulation dated Oct. 2, 2023 (ECF No. 109). 1 Because this unpublished 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 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), 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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 On April 4, 2024, Petitioner filed an application for attorneys’ fees and costs. Petitioner’s Motion for Final Attorneys’ Fees and Costs (“Pet. Mot.”), filed Apr. 4, 2024 (ECF No. 114). Petitioner requests compensation in the amount of $43,336.96, representing $31,119.71 in attorneys’ fees and $12,217.25 in costs. Id. at 1, 12-13. Pursuant to General Order No. 9, Petitioner warrants that she has not personally incurred any costs in pursuit of her claim for compensation. Id. at 1. Respondent filed a response on April 15, 2024 stating he “is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case.” Respondent’s Response to Pet. Mot., filed Apr. 15, 2024, at 2 (ECF No. 115). The matter is now ripe for disposition.3 Petitioner requests the following hourly rates for the work of her counsel: for Mr. Howard Gold, $380.00 per hour for work performed in 2017, $390.00 per hour for work performed in 2018, $400.00 per hour for work performed in 2019, $410.00 per hour for work performed in 2020, $422.00 per hour for work performed in 2021, $434.00 per hour for work performed in 2022, and $447.00 per hour for work performed in 2023. The undersigned finds the rates are consistent with what counsel has previously been awarded for his Vaccine Program work, and finds them to be reasonable herein. The undersigned has reviewed the submitted billing entries and finds the total number of hours billed to be reasonable and will award them in full. Lastly, the undersigned has reviewed the requested costs and finds them to be reasonable and supported with appropriate documentation. Accordingly, the full amount of costs shall be awarded. Therefore, the undersigned finds no cause to reduce the requested hours or rates, or the requested costs. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. § 15(e). Based on the reasonableness of Petitioner’s request, the undersigned GRANTS Petitioner’s motion for attorneys’ fees and costs. Accordingly, the undersigned awards: A lump sum in the amount of $43,336.96, representing reimbursement for reasonable attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel of record, Mr. Howard Gold. Petitioner also requests that the award for attorney’s fees and costs be forwarded to Gold Law Firm, LLC, One Hollis Street, Suite 220, Wellesley, MA 02482. 3 A decision awarding fees and costs initially issued on July 29, 2024, and judgment entered on July 30, 2024. Decision dated July 29, 2024 (ECF No. 116); Judgment dated July 30, 2024 (ECF No. 118). On August 19, 2024, Petitioner filed an unopposed motion to amend the final fees judgment in this matter to revise the mailing address of Petitioner’s counsel. Pet. Mot. to Amend, filed Aug. 19, 2024 (ECF No. 119). On August 20, 2024, the undersigned granted the motion. Order dated Aug. 20, 2024 (ECF No. 120). 2 In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with this Decision.4 IT IS SO ORDERED. /s/ Nora Beth Dorsey Nora Beth Dorsey Special Master 4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 3