VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01130 Package ID: USCOURTS-cofc-1_22-vv-01130 Petitioner: Tony Campbell Filed: 2022-08-30 Decided: 2024-11-26 Vaccine: influenza Vaccination date: 2019-10-28 Condition: immune thrombocytopenic purpura (ITP) Outcome: compensated Award amount USD: 9000 AI-assisted case summary: On August 30, 2022, Tony Campbell filed a petition alleging that an influenza vaccination administered on October 28, 2019 caused immune thrombocytopenic purpura. Respondent denied that the flu vaccine caused Mr. Campbell's ITP or its residual effects. The public stipulation decision does not describe the onset of bruising or bleeding symptoms, platelet testing, treatment, recovery, or expert opinions. Special Master Christian J. Moran adopted the parties' stipulation on November 26, 2024. Mr. Campbell received $9,000.00 as a lump sum payable to him for all damages available under the Vaccine Act. The public record therefore shows a compensated resolution but does not contain a medical finding that the flu vaccine caused ITP. A later October 24, 2025 decision addressed attorneys' fees and costs only. Theory of causation field: Adult petitioner; influenza vaccine October 28, 2019; alleged immune thrombocytopenic purpura. COMPENSATED by stipulation. Respondent denied causation; public merits text lacks clinical chronology. Award $9,000.00 lump sum. SM Moran November 26, 2024. Petition filed August 30, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01130-0 Date issued/filed: 2024-12-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/26/2024) regarding 63 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (jjb) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01130-UNJ Document 67 Filed 12/17/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * TONY CAMPBELL, * No. 22-1130V * Petitioner, * Special Master Christian J. Moran * v. * * Filed: November 26, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Diana Stadelnikas, MCTLaw, Sarasota, FL, for Petitioner; Neil Bhargava, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On November 22, 2024, the parties filed a joint stipulation concerning the petition for compensation filed by Tony Campbell on August 30, 2022. Petitioner alleged that the influenza vaccine Tony Campbell received on October 28, 2019, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused Mr. Campbell to suffer from a Table injury of immune thrombocytopenia purpura. Petitioner represents that there has been no prior award or settlement of a civil action for damages on Mr. Campbell’s behalf as a result of Mr. Campbell’s 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. Case 1:22-vv-01130-UNJ Document 67 Filed 12/17/24 Page 2 of 7 Respondent denies that Mr. Campbell’s alleged immune thrombocytopenia purpur or residual effects were caused-in-fact by the flu vaccine. 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 $9,000.00 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 1:22-vv-01130-UNJ Document 67 Filed 12/17/24 Page 3 of 7 Case 1:22-vv-01130-UNJ Document 67 Filed 12/17/24 Page 4 of 7 Case 1:22-vv-01130-UNJ Document 67 Filed 12/17/24 Page 5 of 7 Case 1:22-vv-01130-UNJ Document 67 Filed 12/17/24 Page 6 of 7 Case 1:22-vv-01130-UNJ Document 67 Filed 12/17/24 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01130-cl-extra-11208820 Date issued/filed: 2025-11-25 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10742235 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ********************** TONY CAMPBELL, * No. 22-1130V * Petitioner, * Special Master Christian J. Moran * v. * * Filed: October 24, 2025 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ********************* Diana Stadelnikas, MCTLaw, Sarasota, FL, for Petitioner; Julia Collison, 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 $73,575.24 in attorneys’ fees and costs. The undersigned tentatively found that petitioner requested a reasonable amount and was entitled to the nearly full amount requested. The undersigned anticipated making one deduction due to petitioner’s failure to file a complete fee application because petitioner failed to submit an invoice from an expert. See Vaccine Rule 13(a)(1) (authorizing special master to 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. reduce a fee award). The undersigned allowed respondent an opportunity to comment. Respondent objected to the hourly rate proposed by the expert, Jerry Spivak, a hematologist. On his invoice, Dr. Spivak sought compensation at a rate of $550 per hour for 16.5 hours of work. Exhibit 66. Respondent appeared to suggest that an appropriate rate of compensation might be $375 or $500 per hour. Resp’t’s Resp., filed Sep. 17, 2025. 2 Petitioner replied with a lengthy memorandum, which is similar (but not identical) to memoranda petitioners’ attorneys have submitted in support of experts’ hourly rates. Primarily relying upon the Producer’s Price Index (“PPI”) for General Medical and Surgical Hospitals, petitioner defended Dr. Spivak’s proposed rate of $550 per hour. With the submission of the reply, the motion for attorneys’ fees is ready for adjudication. Petitioner’s attorney and attorney staff have requested hourly rates that are consistent with the rates previously awarded and/or reasonable. The number of hours is reasonable. Thus, the amount requested is reasonable except that counsel’s oversight necessitated additional work from the undersigned and a corresponding deduction in the fees requested. With respect to the hourly rate proposed by Dr. Spivak, a rate of $540.00 per hour is accepted as reasonable. Although the Secretary identified a fee request in which Dr. Spivak had requested $500.00 per hour, his work in that case was primarily performed in 2021. In contrast, his work in this case was primarily performed in 2024. When the PPI for General Medicine and Surgery is used to inflate the $500 rate, the result is approximately $540.00. This amount is a reasonable hourly rate for Dr. Spivak’s work in 2024. The $10 per hour reduction in the expert’s hourly rate causes a reduction of $165.00. Petitioner is awarded $72,290.24. This amount shall be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. 2 Respondent’s suggestion that $375.00 is a reasonable hourly rate is not supported by evidence. See Pet’r’s Reply, filed Sep. 30, 2025, at 2; Gence v. Sec’y of Health & Hum. Servs., No. 22-0937V, 2024 WL 4792893, at *3 (Fed. Cl. Spec. Mstr. Oct. 21, 2024) (compensating expert at a rate of $750.00). 2 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 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. 3