VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02085 Package ID: USCOURTS-cofc-1_21-vv-02085 Petitioner: Tiffin Johnson Filed: 2021-10-27 Decided: 2023-10-23 Vaccine: influenza Vaccination date: 2019-10-10 Condition: transverse myelitis Outcome: compensated Award amount USD: 104365 AI-assisted case summary: On October 27, 2021, Tiffin Johnson filed a petition alleging that he suffered from transverse myelitis and its sequelae as a result of receiving an influenza vaccine and/or a hepatitis A vaccine on October 10, 2019. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused Petitioner's alleged injuries. Despite this denial, the parties reached a stipulation recommending an award of compensation to Petitioner. The stipulation was filed on September 27, 2023, and Special Master Nora Beth Dorsey found it to be reasonable. Based on this stipulation, Petitioner was awarded a lump sum of $104,365.25, intended to cover all damages available under the National Vaccine Injury Compensation Program. Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher and Toale, and the respondent was represented by Emilie Williams of the U.S. Department of Justice. Judgment was entered in accordance with the terms of the stipulation. Theory of causation field: Petitioner Tiffin Johnson alleged that he suffered from transverse myelitis (TM) and its sequelae as a result of receiving an influenza ("flu") vaccine and/or a hepatitis A vaccine on October 10, 2019. The respondent denied that the vaccines caused Petitioner's alleged injuries. The parties filed a stipulation recommending an award of compensation, which Special Master Nora Beth Dorsey found reasonable. Petitioner was awarded a lump sum of $104,365.25. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner was represented by Diana Lynn Stadelnikas, and respondent was represented by Emilie Williams. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02085-0 Date issued/filed: 2023-10-23 Pages: 6 Docket text: PUBLIC DECISION (Originally filed: 9/27/2023) regarding 44 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02085-UNJ Document 48 Filed 10/23/23 Page 1 of 6 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: September 27, 2023 * * * * * * * * * * * * * * * TIFFIN JOHNSON, * * Petitioner, * No. 21-2085V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Hepatitis A Vaccine; * Transverse Myelitis (“TM”). Respondent. * * * * * * * * * * * * * * * * * Diana Lynn Stadelnikas, Maglio Christopher and Toale, Sarasota, FL, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On October 27, 2021, Tiffin Johnson (“Petitioner”) filed a petition in the National Vaccine Injury Program2 alleging that as a result of the influenza (“flu”) vaccine and/or the hepatitis A vaccine administered on October 10, 2019, he suffered from transverse myelitis (“TM”) and its sequela. Petition at 1, 3 (ECF No. 1). On September 27, 2023, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 43). Respondent denies that the vaccines 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 1:21-vv-02085-UNJ Document 48 Filed 10/23/23 Page 2 of 6 caused Petitioner’s alleged injuries or any other injury or Petitioner’s current disabilities. 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 $104,365.25, 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. Case 1:21-vv-02085-UNJ Document 48 Filed 10/23/23 Page 3 of 6 Case 1:21-vv-02085-UNJ Document 48 Filed 10/23/23 Page 4 of 6 Case 1:21-vv-02085-UNJ Document 48 Filed 10/23/23 Page 5 of 6 Case 1:21-vv-02085-UNJ Document 48 Filed 10/23/23 Page 6 of 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-02085-cl-extra-10734212 Date issued/filed: 2024-09-19 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267622 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Initially Filed: July 29, 2024 Amended and Re-Filed: August 9, 2024 * * * * * * * * * * * * * TIFFIN JOHNSON, * UNPUBLISHED * Petitioner, * No. 21-2085V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Attorneys’ Fees and Costs. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Diana Lynn Stadelnikas, Maglio Christopher and Toale, Sarasota, FL, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. AMENDED DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On October 27, 2021, Tiffin Johnson (“Petitioner”) filed a petition in the National Vaccine Injury Program2 alleging that as a result of the influenza (“flu”) vaccine and/or the hepatitis A vaccine administered on October 10, 2019, he suffered from transverse myelitis (“TM”) and its sequela. Petition at 1, 3 (ECF No. 1). On September 27, 2023, the undersigned issued a Decision Based on Stipulation, awarding Petitioner compensation. Decision Based on Stipulation dated Sept. 27, 2023 (ECF No. 44). 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 January 3, 2024, Petitioner filed an application for attorneys’ fees and costs. Petitioner’s Motion for Payment of Petitioner’s Attorneys’ Fees and Reimbursement of Case Costs (“Pet. Mot.”), filed Jan. 3, 2024 (ECF No. 49). Petitioner requests compensation in the amount of $56,500.37, representing $54,522.80 in attorneys’ fees and $1,977.57 in costs. Id. at 1-2. Pursuant to General Order No. 9, Petitioner warrants that she has not personally incurred any costs in pursuit of her claim for compensation. Pet. Mot, Exhibit (“Ex.”) 23. Respondent did not file a response. The matter is now ripe for disposition.3 Petitioner requests the following hourly rates for the work of her counsel: for Mr. Altom Maglio, $420.00 per hour for work performed in 2020 and $445.00 per hour for work performed in 2021; for Ms. Anne Toale, $445.00 per hour for work performed in 2020; for Ms. Danielle Strait, $240.00 per hour for work performed in 2019; and for Ms. Diana Stadelnikas, $440.00 per hour for work performed in 2020, $470.00 per hour for work performed in 2021, $490.00 per hour for work performed in 2022, and $525.00 per hour for work performed in 2023. Petitioner also requests rates between $145.00 and $180.00 for work of her counsel’s paralegals performed from 2019 to 2023. The undersigned finds the rates are consistent with what counsel have previously been awarded for their 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 $56,500.37, representing reimbursement for reasonable attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel of record, mctlaw, 1515 Ringling Blvd., Suite 700, Sarasota FL 34236. 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. 50); Judgment dated July 30, 2024 (ECF No. 52). On August 8, 2024, Petitioner filed an unopposed motion to amend the final fees decision and judgment in this matter to revise the mailing address of Petitioner’s counsel. Pet. Mot. to Amend, filed Aug. 8, 2024 (ECF No. 54). On August 9, 2024, the undersigned granted the motion. Order dated Aug. 9, 2024 (ECF No. 55). 2 In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER AN AMENDED JUDGMENT in accordance with this Amended 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