VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02166 Package ID: USCOURTS-cofc-1_21-vv-02166 Petitioner: Sarah Scarboro Filed: 2021-11-12 Decided: 2023-11-17 Vaccine: influenza Vaccination date: 2019-10-09 Condition: transverse myelitis Outcome: compensated Award amount USD: 90096 AI-assisted case summary: Sarah Scarboro filed a petition for compensation alleging that the influenza vaccine she received on or around October 9, 2019, caused her to suffer from transverse myelitis (TM). She further alleged that she experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Scarboro suffered from TM, denied that the vaccine caused her alleged injury, and denied that any of her alleged injuries were vaccine-related. Despite these denials, the parties reached a joint stipulation to resolve the case. The court found the stipulation reasonable and adopted it as its decision. Ms. Scarboro was awarded a total of $90,096.35 in compensation. This amount included a lump sum of $90,000.00 payable to her and $96.35 payable jointly to her and AmeriHealth Caritas Medicaid to cover a Medicaid lien. The award represents compensation for all damages available under the National Vaccine Injury Compensation Program. The case was filed on November 12, 2021, and the stipulation was approved on November 17, 2023. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02166-0 Date issued/filed: 2023-12-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/20/2023) regarding 52 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (ceo) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02166-UNJ Document 56 Filed 12/13/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * SARAH SCARBORO, * No. 21-2166V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: November 20, 2023 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Laura Levenberg, Muller Brazil PA, Dresher, PA, for Petitioner; Alexis B. Babcock, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On November 17, 2023, the parties filed a joint stipulation concerning the petition for compensation filed by Sarah Scarboro on November 12, 2021. Petitioner alleged that the influenza vaccine she received on or around October 9, 2019, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from transverse myelitis (TM”). Petitioner further alleges that she suffered the residual effects of this injury 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. Respondent denies that petitioner suffers from TM; denies that the influenza vaccine caused her alleged injury or any other injury; and denies that any of the 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. Case 1:21-vv-02166-UNJ Document 56 Filed 12/13/23 Page 2 of 7 alleged injuries were caused by petitioner’s influenza vaccination or any claimed vaccine-related illness. 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. A lump sum of $90,000.00 in the form of a check payable to petitioner. B. A lump sum of $96.35 in the form of a check payable jointly to petitioner and AmeriHealth Caritas Medicaid: AmeriHealth Caritas Medicaid c/o MultiPlan, Inc. 535 E. Diehl Road, Suite 100 Naperville, IL 60563 Case #708331 These amounts represent 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 1:21-vv-02166-UNJ Document 56 Filed 12/13/23 Page 3 of 7 Case 1:21-vv-02166-UNJ Document 56 Filed 12/13/23 Page 4 of 7 Case 1:21-vv-02166-UNJ Document 56 Filed 12/13/23 Page 5 of 7 Case 1:21-vv-02166-UNJ Document 56 Filed 12/13/23 Page 6 of 7 Case 1:21-vv-02166-UNJ Document 56 Filed 12/13/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-02166-cl-extra-10734638 Date issued/filed: 2024-07-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268048 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ********************** SARAH SCARBORO, * No. 21-2166V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: July 8, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ********************** Laura Levenberg, Muller Brazil PA, Dresher, PA, for Petitioner; Alexis B. Babcock, 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 $44,247.75 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, attorney staff, and expert have requested hourly rates that are consistent with the rates previously awarded. The number of hours is reasonable. Thus, the amount requested is reasonable.2 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. 2 The expert petitioner retained, L. Jay Turkewitz, prepared an invoice that could have contained more information. See Pet’r’s Mot. at pdf 45. Respondent’s lack of objection Petitioner is awarded $44,247.75. This amount shall be made payable as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, Laura Levenberg. 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. 3 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master contributes to a finding that the amount Dr. Turkewitz has requested is reasonable. Nevertheless, Dr. Turkewitz should detail his activities with more specificity in the future. 3 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