# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-805V

* * * * * * * * * * * * * * * * * * * * * * * * * * RICHARD CASS, * Filed: July 23, 2015 * Petitioner, * * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; Brachial SECRETARY OF HEALTH AND * Plexopathy HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * *

Patricia A. Finn , Patricia Finn, P.C., Piermont, NY, for Petitioner.

Camille M. Collett , U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES AND ATTORNEY’S FEES AND COSTS 1

On September 2, 2014, Richard Cass filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that he developed a right brachial plexopathy as a result of his September 19, 2012, receipt of the infl uenza (“flu”) vaccine,
and that a second flu vaccine administered on September 25, 2013, exacerbated his condition. Petitioner further alleges that he experienced the residual effects of this injury for more than six
months.

1 Because this decision contains a reas oned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 200 2, Pub. L. No. 107-347, § 205, 116Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each pa rty has fourteen days within which to request 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). Otherwise, th e whole decision will be available to the public. Id

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2 The National Vaccine Injury Compensation Program comprise s Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)) [hereinafter “Vaccine Act” or “the Act”]. Individual sectio ns references hereafter will be to § 300aa of the Act.2 Respondent denies that the flu vaccine caused or significantly a ggravated Petitioner’s brachial plexopathy or any other in jury or condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulat ion (filed June 25, 2015) th at the issues before them could be settled, and that a decision shou ld be entered awarding Petitioner compensation.

In a separate stipulation filed that same day, the parties indicated that they had reached an agreement regarding attorney’s fees and costs. The stipulation laid out the amount of compensation
that should be awarded to Petiti oner’s attorney in the form of a check made payable jointly to
Petitioner and Petitioner’s counsel. This included re imbursement for attorney’s fees in the amount of $15,500.00. In addition, pursuant to General Order No. 9, the stipulation also indicated that Petitioner had expended $531.51 in costs in proceed ing on the petition for which he claims reimbursement. Thus, the total amount of fe es and costs requested is $16,031.51, to which Respondent does not object.

I have reviewed the file, and ba sed upon that review, I conclude that the parties’ stipulations are reasonable. I therefore adopt them as my decision in awarding damages, and attorney’s fees and costs, on the terms set forth therein.

The stipulations award:

 A lump sum of $205,000.00 in the form of a check payable to Petitioner. The amount represents compensation for all da mages that would be available under 42
U.S.C. § 300aa-15(a). Damages Stipulation (ECF No. 22) ¶ 8; and

 A lump sum of $15,500.00 in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Patricia Finn, Esq. for a ttorney’s fees, as well as an additional lump sum of $531.51 in the form of a check payable solely to Pe titioner for costs. These sums represent the attorney’s fees and costs available under 42 U.S.C. § 300aa-15(e). Stipulation of Facts Co ncerning Attorneys’ Fees and Costs (ECF No. 23) ¶¶ 3-5.

I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner and/or his counsel. In the absen ce of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith. 3

3 Pursuant to Vaccine Rule 11(a), the parties may expedite en try of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.3 IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master