VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01581 Package ID: USCOURTS-cofc-1_18-vv-01581 Petitioner: Jennifer Durant Filed: 2018-10-11 Decided: 2023-01-10 Vaccine: influenza Vaccination date: 2015-09-30 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 129100 AI-assisted case summary: Jennifer Durant filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) caused by an influenza vaccine administered on September 30, 2015. The case was initially handled by Chief Special Master Corcoran, who issued a ruling on entitlement based on the respondent's concession that the injury was a Table injury. The respondent agreed that Ms. Durant met the criteria for GBS following a flu vaccination. Ms. Durant passed away while the case was pending, and her husband, Todd Durant, was substituted as the petitioner representing her estate. The parties subsequently filed a joint stipulation for damages. On January 10, 2023, a decision was entered awarding compensation. The stipulation detailed that Ms. Durant received the influenza vaccine in the United States, sustained the first symptom of GBS within the Table's timeframe, experienced residual effects for more than six months, and had no prior award or settlement for her condition. The award included a lump sum of $129,100.00 to the estate for all items of damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01581-0 Date issued/filed: 2019-12-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/31/2019) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01581-UNJ Document 43 Filed 12/26/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1581V Filed: October 31, 2019 UNPUBLISHED JENNIFER DURANT, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS) HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Corcoran, Chief Special Master: On October 11, 2018, 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 she suffered Guillain-Barre Syndrome (“GBS”) that was caused by an influenza (“flu”) vaccine administered on September 30, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 I intend to post this decision on the United States Court of Federal Claims' website. 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, I agree that the identified material fits within this definition, I will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 (2012) (Federal Management and Promotion of Electronic Government Services). 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 1:18-vv-01581-UNJ Document 43 Filed 12/26/19 Page 2 of 2 On October 29, 2019, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent has concluded that compensation is appropriate under the Act in this case. Id. at 1. Respondent further agrees that petitioner has satisfied the criteria set forth in the newly revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation for GBS following a flu vaccination. Id. In view of respondent’s position and the evidence of record, I find that petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01581-1 Date issued/filed: 2023-01-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/02/2022) regarding 91 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01581-UNJ Document 94 Filed 01/10/23 Page 1 of 7 Corrected In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1581V UNPUBLISHED TODD DURANT, Chief Special Master Corcoran personal representative of the estate of JENNIFER DURANT Filed: December 2, 2022 Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Guillain-Barre SECRETARY OF HEALTH AND Syndrome (GBS) HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 11, 2018, Jennifer Durant filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Ms. Durant alleges that she suffered from Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 30, 2015. Petition at 1; Amended Petition at 1; Stipulation, filed at December 1, 2022, ¶¶ 1, 4. Ms. Durant further alleged that the vaccine was administered within the United States, that Ms. Durant sustained the first symptoms of GBS within the time period set forth in the Vaccine Injury Table, that Ms. Durant experienced the residual effects of her GBS for more than six months, and that there has been no prior award or settlement of a civil action for damages on Ms. Durant’s behalf as a result of her condition. Amended Petition at 19-20; Stipulation at ¶¶ 3-7. Ms. Durant passed away while this case was pending, and 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 (2012) (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, 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-01581-UNJ Document 94 Filed 01/10/23 Page 2 of 7 on August 2, 2022, her husband, Todd Durant, was substituted as Petitioner on behalf of Ms. Durant’s estate. ECF No. 85. On December 1, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $129,100.00 in the form of a check payable to Petitioner as legal representative of the Estate of Jennifer Durant. Stipulation at ¶ 9. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran 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 Case 1:18-vv-01581-UNJ Document 94 Filed 01/10/23 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS • .TODD DURANT, as personal • representative of the estate of • JENNIFER DURANT, deceased • • Petitioner, No.18-1S81V • Chief Special Master Corcoran • v. • SECRETARY OF HEALTH AND * HUMAN SERVICES, * Respondent. * ••••••••••••••••••••••••••••••••••••• STIPULATION The parties hereby stipulate to the following matters: 1. Jennifer Durant 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 petitioner's receipt of an influenza {"fluH) vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), .. 42 C.F.R. § 100.3 (a).1 2. Ms. Durant received an influenza immunization on September 30, 2015. 3. This vaccine was administered within the United States. 4. Ms. Durant sustained the first symptom or manifestation of the onset of Guillain Barre Syndrome ("GBS") within the time period set forth in the Table. Petitioner does not allege that her death was a sequela of her GBS. 1 Ms. Durant tiled an amended petition on September 12, 2019, and while it provided further detail about her case, it did not add any new legal claims. Ms. Durant also passed away while this case was pending, and on August 2, •2022, her husband, Todd Durant, was substituted as petitioner on behalf ofM s. Durant's Estate. Case 1:18-vv-01581-UNJ Document 94 Filed 01/10/23 Page 4 of 7 5. Ms. Durant experienced residual effects of her GBS for more than six months. 6. There is not a preponderance of evidence demonstrating that Ms. Durant's GBS is due to a factor unrelated to vaccination. 7. Petitioner represents that there has been no prior award or settlement of a civil action for damages on Ms. Durant's behalf as a result of her condition. 8. Accordingly, petitioner, in his representative capacity as the legal representative of Ms. Durant's estate, is entitled to compensation under the terms of the Vaccine Act for Ms. Durant's OBS. Therefore a decision should be entered awarding the compensation described in Paragraph 9 of this stipulation. 9. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(J), the Secretary of Health and Human ,Services will issue the following vaccine compensation payment: A lump sum of $129,100.00 in the form of a check payable to petitioner as legal representative of the Estate of Jennifer Durant. This amount represents compensation for all damages that are available under 42 U.S.C. § 300aa-15(a). 10. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l(a)(l), 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. 11. Petitioner and his 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 2 Case 1:18-vv-01581-UNJ Document 94 Filed 01/10/23 Page 5 of 7 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. 12. Payment made pursuant to paragraph 9 and any amounts awarded pursuant to paragraph 10 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 13. Petitioner represents that he presently is, or within 90 days of the date of judgment will become, duly authorized to serve as the as the legal representative of the Estate of Jennifer Durant, under the law of the State of Florida. No payments pursuant to this Stipulation shall be made until petitioner provides the Secretary with documentation establishing his appointment as legal representative of Ms. Durant's estate. Petitioner has provided the Secretary with documentation establishing his appointment as the Personal Representative of the Estate of Jennifer Durant. If petitioner is no longer authorized by a court of competent jurisdiction to serve as legal representative of the Estate of Jennifer Durant at the time a payment pursuant to this Stipulation is to be made, any such payment will be paid to the party or parties appointed by a court of competent jurisdiction to serve as legal representative of Ms. Durant's estate, upon submission of written documentation of such appointment to the secretary. 14. In return for the payments described in paragraphs 9 and 10, petitioner, in his individual capacity, and as Personal Representative of the Estate of Jennifer Durant, on his own behalf and on behalf Ms. Durant's Estate and her heirs, executors, administrators, successors or assigns, does 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 3 Case 1:18-vv-01581-UNJ Document 94 Filed 01/10/23 Page 6 of 7 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-l Oe t 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 Ms. Durant resulting from, or alJeged to have resulted from, a flu vaccination administered on September 30, 2015, as alleged by petitioner in a petition for vaccine compensation filed on or about October 11, 2018, and an Amended Petition filed on September 12, 2019, in the United States Court of Federal Claims as petition No. 18-1581 V. 15. If the special master fails to issue a decision in complete confonnity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete confonnity with the tenns of this Stipulation, then the parties' ·settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. 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 the amount of damages, and further, that a change in the items of compensation sought, is not grounds to modify or revise this agreement. 17. All rights and obligations of petitioner in his capacity as Personal Representative of the Estate of Jennifer Durant, shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. 4 Case 1:18-vv-01581-UNJ Document 94 Filed 01/10/23 Page 7 of 7 END OF STIPULATION ·VI,' Respectfully submitted, PETIT.ONER: AUTHORIZED REPRESENTA T.IVE OF THE A1TORNEY GENERAL: \ ~ &l.JuA\£w~ l2 l ~ HEATHER L. PEARLMAN Conway Homer, PC Deputy Director 16 Shawmut Street Torts Branch Boston, MA 021 l 6 Civil Division Tel: (617) 695-1990 , U.S. Department ofJ ustice Fax: (617) 695-0880 P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESEeRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: A , ~ . George R. Olg~llyslgne.usdoj.gov f ll ( 1✓9 lJJlk Dated: 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_18-vv-01581-cl-extra-10737008 Date issued/filed: 2023-11-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270418 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1581V TODD DURANT personal representative of the estate of Chief Special Master Corcoran JENNIFER DURANT, Filed: September 28, 2023 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 11, 2018, Jennifer Durant filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). 3 Ms. Durant alleges that she suffered from Guillain-Barre Syndrome as a result of an influenza vaccine administered on September 30, 2015. Petition, ECF No. 1. 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), Petitioner has 14 days to identify and move to redact medical or other inf ormation, 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 f rom public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). 3 Following Ms. Durant’s death, the court granted Petitioner’s motion to amend the caption to substitute her husband, Mr. Todd Durant as Petitioner on behalf of Ms. Durant’s estate. ECF No. 85. On December 2, 2022, I issued a decision awarding compensation for Ms. Durant’s GBS injury, based on the parties’ stipulation. ECF No. 91. On June 7, 2023, Petitioner filed a motion for attorney’s fees and costs. ECF No. 95. On June 28, 2023, Petitioner filed a Supplemental Application for Attorneys’ Fees, (ECF No. 102), requesting an award of $50,477.29 (representing $48,917.10 for attorney’s fees and $1,560.19 for attorney’s costs). In accordance with General Order No. 9, Petitioner filed a signed statement indicating that Petitioner incurred out-of-pocket expenses in the amount of $3,212.96. ECF No. 96. Respondent reacted to Petitioner’s first motion on June 9, 2023, indicating that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 97. Petitioner filed a reply on June 16, 2023, stating that, “Petitioner reasserts his motion for fees and costs relating to petitioner’s claim for reimbursement.” ECF No. 101. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2023 are reasonable and consistent with prior determinations, and will therefore be adopted. All travel time was also properly billed at one-half of the attorney’s usual hourly rate. Id. at 26; see, e.g., Hocraffer v. Sec’y of Health & Hum. Servs., No. 99-533V, 2011 WL 3705153, at *24 (Fed. Cl. Spec. Mstr. July 25, 2011). Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 95 at 35-79. Finally, Petitioner requests out-of-pocket expenses in the amount of $3,212.96. ECF No. 96. These costs are comprised of postage costs and attorney’s fees and costs related to the establishment of Jennifer Durant’s estate and appointment of her husband, Todd Durant, as personal representative. ECF No. 95 at 78. “Special masters generally award the reasonable costs of establishing an estate and appointing a representative,” but not costs which are excessive or related to the administration of the estate will be awarded. Fulling v. Sec’y of Health & Hum. Servs., No. 18-1549V, 2022 WL 3023505, at *3 (Fed. Cl. Spec. Mstr. July 11, 2022); accord. Durand v. Sec’y of Health & Hum. Servs., No. 15-1153V, 2020 WL 639372, at *6-7 (Fed. Cl. Spec. Mstr. Jan. 16, 2020). I have reviewed the requested costs and find them to be reasonable and will award the full amount requested. 2 CONCLUSION The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded the total amount of $53,690.25 as follows: • A lump sum of $50,477.29, representing ($48,917.10 for attorney’s fees and $1,560.19 for attorney’s costs), in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Ronald Craig Homer; and • A lump sum of $3,212.96, representing reimbursement for Petitioner’s costs, in the form of a check payable to Petitioner. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this Decision. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 3