VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02107 Package ID: USCOURTS-cofc-1_21-vv-02107 Petitioner: E.R. Filed: 2021-10-29 Decided: 2024-08-29 Vaccine: MMR Vaccination date: 2020-07-29 Condition: immune thrombocytopenia purpura (ITP) Outcome: compensated Award amount USD: 37500 AI-assisted case summary: On October 29, 2021, Michael Rosso, as parent and natural guardian of E.R., a minor, filed a claim for vaccine compensation. E.R. received the measles, mumps, and rubella (MMR) and varicella vaccines on July 29, 2020. Petitioner alleged that these vaccines caused E.R. to develop immune thrombocytopenia purpura (ITP). The respondent denied that the MMR or varicella vaccines caused E.R.'s ITP or any other injury. The parties reached a stipulation for settlement, agreeing that a decision should be entered awarding compensation. The stipulation awarded a lump sum payment of $3,453.71 to Michael Rosso for past unreimbursable expenses and $34,046.29 to purchase an annuity contract. Special Master Thomas L. Gowen adopted the parties' stipulation and ordered judgment to be entered accordingly. The case was resolved via stipulation, with the respondent denying causation but agreeing to compensation. The public decision does not describe E.R.'s specific symptoms, medical tests, treatments, or the mechanism of injury. Petitioner's counsel was Laura Levenberg of Muller Brazil, and respondent's counsel was Mark K. Hellie of the U.S. Department of Justice. Theory of causation field: Petitioner alleged that the measles, mumps, and rubella (MMR) and varicella vaccines, received on July 29, 2020, caused E.R. to develop immune thrombocytopenia purpura (ITP). The theory of causation is based on the Vaccine Injury Table. The respondent denied causation. The parties reached a stipulation for settlement, resulting in an award of $3,453.71 for past unreimbursable expenses and $34,046.29 for an annuity. Special Master Thomas L. Gowen issued the decision on August 29, 2024. Petitioner's counsel was Laura Levenberg, and respondent's counsel was Mark K. Hellie. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02107-0 Date issued/filed: 2024-09-30 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 08/29/2024) regarding 42 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02107-UNJ Document 46 Filed 09/30/24 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 29, 2024 * * * * * * * * * * * * * MICHAEL ROSSO, * as parent and natural guardian of E.R., * a minor, * * Petitioner, * No. 21-2107V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Laura Levenberg, Muller Brazil, Dresher, PA, for petitioner. Mark K. Hellie, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On October 29, 2021, Michael Rosso, as parent and natural guardian of E.R. (“petitioner”), filed a claim in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleges that the measles, mumps, and rubella (“MMR”) and the varicella vaccines that E.R. received on July 29, 2020, caused her to develop immune thrombocytopenia purpura (“ITP”). Id. On August 29, 2024, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 41). Respondent denies that the MMR or the varicella vaccines caused E.R.’s ITP, any other injury, or any other condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 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-1 to -34 (2012) (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. Case 1:21-vv-02107-UNJ Document 46 Filed 09/30/24 Page 2 of 9 issues between them shall be settled and that a decision should be entered awarding the compensation according to the terms of the stipulation attached hereto as Appendix A.3 Id. at ¶ 7. The stipulation awards: 1) A lump sum payment of $3,453.71, which amount represents compensation for past unreimbursable expenses, in the form of a check payable to petitioner, Michael Rosso; and 2) An amount of $34,046.29 to purchase the annuity contract described in paragraph 10, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 The stipulation was signed by Vinesign and the Vinesign form was omitted from this decision as it discloses personal information of petitioner. 4 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 inesign DocumentC IaDs: eF A1:B2619-v2vF-F02-B10007D-U-4N4JD 1 - D8o0c8uDm-AeDnFt 4B61 0 0 FF9il9e2d8 0 9/30/24 Page 3 of 9 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS E.R. a minor, by and through her parent and natural guardian, MICHAEL ROSSO, No. 21-2107V Special Master Gowen Petitioner, ECF v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Michael Rosso ("petitioner"), on behalf of his minor daughter, E.R., 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 related to E.R.'s receipt of the measles, mumps, and rubella ("MMR") and varicella vaccines, which are vaccines contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. E.R. received the MMR and varicella vaccines on July 29, 2020.1 3. The vaccines were administered within the United States. 4. Petitioner alleges that E.R. suffered from immune thrombocytopenic purpura ("ITP") after receiving the MMR and varicella vaccines. Petitioner also alleges that E.R. experienced the residual effects of these injuries for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on E.R.' s behalf as a result of E.R.' s alleged injuries. 1 E.R. also received Hepatitis A and DTaP vaccines on October 1, 2020. he signed document can be validated at https://app.vinesign.comNerify Case 1:21-vv-02107-UNJ Document 46 Filed 09/30/24 Page 4 of 9 Case 1:21-vv-02107-UNJ Document 46 Filed 09/30/24 Page 5 of 9 Case 1:21-vv-02107-UNJ Document 46 Filed 09/30/24 Page 6 of 9 Case 1:21-vv-02107-UNJ Document 46 Filed 09/30/24 Page 7 of 9 Case 1:21-vv-02107-UNJ Document 46 Filed 09/30/24 Page 8 of 9 Case 1:21-vv-02107-UNJ Document 46 Filed 09/30/24 Page 9 of 9 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-02107-cl-extra-10734101 Date issued/filed: 2024-09-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267511 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 29, 2024 * * * * * * * * * * * * * MICHAEL ROSSO, * as parent and natural guardian of E.R., * a minor, * * Petitioner, * No. 21-2107V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Laura Levenberg, Muller Brazil, Dresher, PA, for petitioner. Mark K. Hellie, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On October 29, 2021, Michael Rosso, as parent and natural guardian of E.R. (“petitioner”), filed a claim in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleges that the measles, mumps, and rubella (“MMR”) and the varicella vaccines that E.R. received on July 29, 2020, caused her to develop immune thrombocytopenia purpura (“ITP”). Id. On August 29, 2024, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 41). Respondent denies that the MMR or the varicella vaccines caused E.R.’s ITP, any other injury, or any other condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 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-1 to -34 (2012) (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. issues between them shall be settled and that a decision should be entered awarding the compensation according to the terms of the stipulation attached hereto as Appendix A.3 Id. at ¶ 7. The stipulation awards: 1) A lump sum payment of $3,453.71, which amount represents compensation for past unreimbursable expenses, in the form of a check payable to petitioner, Michael Rosso; and 2) An amount of $34,046.29 to purchase the annuity contract described in paragraph 10, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 The stipulation was signed by Vinesign and the Vinesign form was omitted from this decision as it discloses personal information of petitioner. 4 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 inesign Document ID: FAB692FF-B00D-44D1-808D-ADFB100F9928 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS E.R. a minor, by and through her parent and natural guardian, MICHAEL ROSSO, No. 21-2107V Special Master Gowen Petitioner, ECF v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Michael Rosso ("petitioner"), on behalf of his minor daughter, E.R., 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 related to E.R.'s receipt of the measles, mumps, and rubella ("MMR") and varicella vaccines, which are vaccines contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. E.R. received the MMR and varicella vaccines on July 29, 2020. 1 3. The vaccines were administered within the United States. 4. Petitioner alleges that E.R. suffered from immune thrombocytopenic purpura ("ITP") after receiving the MMR and varicella vaccines. Petitioner also alleges that E.R. experienced the residual effects of these injuries for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on E.R.' s behalf as a result of E.R.' s alleged injuries. 1 E.R. also received Hepatitis A and DTaP vaccines on October 1, 2020. he signed document can be validated at https://app.vinesign.comNerify ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02107-cl-extra-11053875 Date issued/filed: 2025-05-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10587287 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 16, 2025 * * * * * * * * * * * * * * MICHAEL ROSSO, as parent and * natural guardian of E.R., a minor, * * Petitioner, * No. 21-2107V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 On October 25, 2024, Michael Rosso, as parent and natural guardian of E.R., (“petitioner”) filed a motion for attorneys’ fees and costs. Petitioner’s Motion for Attorney Fees (“Fees App.”) (ECF No. 47). For the reasons discussed below, I GRANT Petitioner’s motion for attorneys’ fees and costs and award a total of $39,501.44. I. Procedural History On May 12, 2021, Michael Rosso, as parent and natural guardian of E.R., (“petitioner”) filed a petition for compensation in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that the measles, mumps, and rubella (“MMR”) and the varicella vaccines that E.R. received on July 29, 2020, caused her to develop immune thrombocytopenia 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 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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine 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. purpura (“ITP”). Id. On August 29, 2024, the parties filed a joint stipulation, which I adopted as my decision awarding compensation on the same day. (ECF No. 42). On October 25, 2024, petitioner filed a motion for attorneys’ fees and costs. Petitioner requests compensation in the total amount of $39,501.44, representing $27,664.70 in attorneys’ fees and $11,836.74 in costs. Fees App. at 2. Pursuant to General Order No. 9, petitioner warrants he has not personally incurred any costs in pursuit of his claim. Id. at 2. Respondent did not file a response. The matter is now ripe for adjudication. II. Analysis Under the Vaccine Act, the special master may award reasonable attorneys’ fees and costs for a petition that does not result in an award of compensation but was filed in good faith and supported by a reasonable basis. § 300aa–15(e)(1). Here, because Petitioner was awarded compensation pursuant to a stipulation, he is entitled to an award of reasonable attorneys’ fees and costs. Petitioners “bea[r] the burden of establishing the hours expended, the rates charged, and the expenses incurred” are reasonable. Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1993). Adequate proof of the claimed fees and costs should be presented when the motion is filed. Id. at 484 n. 1. The special master has the discretion to reduce awards sua sponte, independent of enumerated objections from the respondent. Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201, 208–09 (Fed. Cl. 2009); Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008), aff'd No. 99–537V, 2008 WL 2066611 (Fed. Cl. Spec. Mstr. Apr. 22, 2008). a. Attorneys’ Fees Petitioner requests the following hourly rates for the work of his counsel at Muller Brazil: for Ms. Laura Levenberg: $275.00 per hour for work performed in 2021, $350.00 per hour for work performed in 2022, $375.00 per hour for work performed in 2023, and $400.00 per hour for work performed in 2024; for Mr. Max Muller, $375.00 per hour for work performed in 2021; and for Ms. Leah Finfer, $375.00 per hour for work performed in 2023. These rates are consistent with what counsel have previously been awarded for their Vaccine Program work and the undersigned finds them to be reasonable herein. Turning next to review of the submitted billing statement, I find that the overall hours spent on this matter appear to be reasonable. The entries are reasonable and accurately describe the work being performed and the length of time it took to perform each task. Respondent has not identified any particular entries as being objectionable. Therefore, Petitioner is entitled to final attorneys’ fees of $27,664.70. b. Attorneys’ Costs 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). Petitioner requests total attorneys’ costs in the amount of $11,836.74. This amount is comprised of acquiring medical 2 records, postage, the Court’s filing fee, and expert services provided by Abhimanyu Ghose, MD. Fees App. Ex. B. Dr. Ghose billed for 19.75 hours at $550.00 per hour totaling $10,862.50. I find that the overall amount requested for Dr. Ghose’s work in this case is reasonable, and I will award it in full.3 Petitioner has provided adequate documentation supporting the remainder of the costs. Petitioner is therefore awarded the full amount of costs sought. III. Conclusion In accordance with the foregoing, I hereby GRANT Petitioner’s motion for attorneys’ fees and costs and find that Petitioner is entitled to a reimbursement of attorneys’ fees and costs as follows: Attorneys’ Fees Requested $27,664.70 (Reduction of Fees) - Total Attorneys’ Fees Awarded $27,664.70 Attorneys’ Costs Requested $11,836.74 (Reduction of Costs) - Total Attorneys’ Costs Awarded $11,836.74 Total Attorneys’ Fees and Costs $39,501.44 Accordingly, I award a lump sum in the amount of $39,501.44 representing reimbursement for Petitioner’s attorneys’ fees and costs, to be paid through an ACH deposit to Petitioner’s 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 SHALL ENTER JUDGMENT in accordance herewith.4 IT IS SO ORDERED. /s/Thomas L. Gowen Thomas L. Gowen Special Master 3 I do not make any finding regarding the reasonableness of Dr. Ghose’s rate at this time. 4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. Vaccine Rule 11(a). 3