Filed: Aug. 27, 2014
Latest Update: Aug. 27, 2014
Summary: DECISION AWARDING DAMAGES AND ATTORNEYS' FEES AND COSTS 1 LAURA D. MILLMAN, Special Master. On June 4, 2014, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2006), alleging that she suffered a left shoulder injury as a result of the influenza ("flu") vaccination she received on October 26, 2011. On July 31, 2014, respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury related to vaccine administra
Summary: DECISION AWARDING DAMAGES AND ATTORNEYS' FEES AND COSTS 1 LAURA D. MILLMAN, Special Master. On June 4, 2014, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2006), alleging that she suffered a left shoulder injury as a result of the influenza ("flu") vaccination she received on October 26, 2011. On July 31, 2014, respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury related to vaccine administrat..
More
DECISION AWARDING DAMAGES AND ATTORNEYS' FEES AND COSTS1
LAURA D. MILLMAN, Special Master.
On June 4, 2014, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10-34 (2006), alleging that she suffered a left shoulder injury as a result of the influenza ("flu") vaccination she received on October 26, 2011. On July 31, 2014, respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury related to vaccine administration ("SIRVA") and recommending compensation.
On August 27, 2014, respondent filed Respondent's Proffer on Award of Compensation. Respondent proffers that petitioner should be awarded $108,000.00 for all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a), and $13,310.95 for reimbursement of attorneys' fees and costs. In accordance with General Order #9, petitioner's counsel filed a statement asserting that petitioner did not incur any costs in pursuit of her petition.
The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole, the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to the terms stated in the attached proffer, the court awards:
a. a lump sum of $108,000.00, representing all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $108,000.00 made payable to petitioner; and
b. a lump sum of $13,310.95, representing reimbursement for attorneys' fees and costs. The award shall be in the form of a check for $13,310.95 made payable jointly to petitioner and Muller Brazil, L.L.P.
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.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $108,000.00, which represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
Respondent also proffers that petitioner should be awarded an additional $13,310.95 for attorneys' fees and costs under 42 U.S.C. § 300aa-15(e), to be paid jointly to petitioner and petitioner's counsel. Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as follows:
A. A lump sum of $108,000.00 in the form of a check payable to petitioner, Debora Russo; and
B. A lump sum of $13,310.95, in the form of a check payable jointly to petitioner and petitioner's attorney, Paul R. Brazil.2
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
