VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01259 Package ID: USCOURTS-cofc-1_20-vv-01259 Petitioner: Nichelle Williams Filed: 2020-09-24 Decided: 2023-10-12 Vaccine: influenza Vaccination date: 2017-10-18 Condition: optic neuritis Outcome: compensated Award amount USD: 69000 AI-assisted case summary: Nichelle Williams filed a petition on September 24, 2020, alleging that the influenza vaccine she received on October 18, 2017, caused her to develop optic neuritis. The petition stated that optic neuritis is listed on the Vaccine Injury Table and that Ms. Williams suffered residual effects of the condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Williams's optic neuritis or any other injury. Despite the respondent's denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court. Under the terms of the stipulation, Ms. Williams was awarded a lump sum of $69,000.00, payable by check to petitioner, as compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was issued on October 12, 2023. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner counsel was Ronald Homer and Lauren Faga of Conway Homer, PC, and respondent counsel was Austin Joel Egan of the United States Department of Justice. Theory of causation field: Petitioner Nichelle Williams alleged that the influenza vaccine administered on October 18, 2017, caused optic neuritis, a condition listed on the Vaccine Injury Table, resulting in residual effects lasting more than six months. Respondent denied the alleged causation. The parties reached a joint stipulation, which Special Master Christian J. Moran adopted as the Court's decision. The stipulation resulted in a $69,000.00 lump sum award to petitioner. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered, other than stating the condition is listed on the Vaccine Injury Table. Petitioner was represented by Ronald Homer and Lauren Faga, and Respondent was represented by Austin Joel Egan. The decision was issued on October 12, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01259-0 Date issued/filed: 2023-10-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 9/20/23) regarding 76 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (ceo) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01259-UNJ Document 80 Filed 10/12/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * NICHELLE WILLIAMS, * No. 20-1259V * Special Master Christian J. Moran Petitioners, * * v. * * Filed: September 20, 2023 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Homer and Lauren Faga, Conway Homer, PC, Boston, MA, for Petitioner; Austin Joel Egan, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On September 19, 2023, the parties filed a joint stipulation concerning the petition for compensation filed by Nichelle Williams on September 24, 2020. Petitioner alleged that the influenza vaccine she received on October 18, 2017, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from optic neuritis. Petitioner further alleges that she suffered the residual effects of this condition for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her 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. 1 Case 1:20-vv-01259-UNJ Document 80 Filed 10/12/23 Page 2 of 7 Respondent denies that petitioner suffered from optic neuritis or a neurological or optical injury as a result of the flu vaccine, and denies that the flu vaccine caused her any other injury or her 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 lump sum of $69,000.00 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). 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 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 Case 1:20-vv-01259-UNJ Document 80 Filed 10/12/23 Page 3 of 7 Case 1:20-vv-01259-UNJ Document 80 Filed 10/12/23 Page 4 of 7 Case 1:20-vv-01259-UNJ Document 80 Filed 10/12/23 Page 5 of 7 Case 1:20-vv-01259-UNJ Document 80 Filed 10/12/23 Page 6 of 7 Case 1:20-vv-01259-UNJ Document 80 Filed 10/12/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01259-cl-extra-10734079 Date issued/filed: 2024-10-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267489 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ********************** NICHELLE WILLIAMS, * No. 20-1259V * Special Master Christian J. Moran Petitioners, * * v. * * Filed: September 10, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ********************** Ronald Homer and Lauren Faga, Conway Homer, PC, Boston, MA, for Petitioner; Austin Joel Egan, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 Pursuant to 42 U.S.C. § 300aa-15(e), petitioner has requested a total of $44,120.52 in attorneys’ fees and costs. The undersigned tentatively found that petitioner requested a reasonable amount and was entitled to the full amount requested. The undersigned allowed respondent an opportunity to comment. Respondent did not interpose any objections within the time permitted. Petitioner’s attorney and staff have requested hourly rates that are consistent with the rates previously awarded. The number of hours is reasonable. Thus, the amount requested is reasonable. 1 The E-Government, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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. Petitioner is awarded $44,120.52. This amount shall be made payable as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, Ronald Homer. 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. 2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2