1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 548 V

Filed: N ovember 5 , 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

S HARON ROSENBAUM

, *

* Special Master Gowen Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza (“Flu”) Vaccine;

* Guillian

- Barre Syndrome ; SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

*

* * * * * * * * * * * * * * * *

A ndrew D. Downing

, V an Cott & Talamante, PLLC

, P hoenix, A Z

, for petitioner

. G ordon E. Shemin

, United States Department of Justice, Washington , DC, for respondent.

DECISION ON JOINT STIPULATION 1

On August 6, 2013

, S haron Rosenbaum (“ petitioner ”) filed a petition pursuant to the National Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006).

Petitioner alleged that , as a result of receiving an i nfluenza (“ f lu”) v accine on O ctober 24, 2012

, she developed a n adverse reaction, including chronic regional pain syndrome (“ C RPS ”)

. Stipulation ¶ 2, 4, filed N ov

. 4 , 2014

. Further, petitioner alleged that she experienced residual effects of her injury for more than s ix months. Id. at ¶ 4.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends t o post this ruling on the website of the United States Court of Federal

Claims , in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by

Vaccine Rule 18(b), each party has 14 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).

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 (2006) (Vaccine Act or the Act). All citati ons in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

On N ovember 4 , 2014 , the parties filed a stipulatio n in which they state that a decision

should b e entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s C RPS and/ or any other injury

. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A

. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties also stipulate to an award of attorneys’ fees and costs in a joint stipulation

also filed on N ovember 4 , 2014. The parties agree to a total award of attorneys’ fees and costs in the amount of $2 9

, 0 00

. 00

. Petitioner ’ s counsel, Mr. Downing, changed law firms while this case was pending

. A s such, he requests $25,300. 00 to reflect work performed while at the law firm Hennelly & Steadman, PLC

, and $3,700 to reflect work performed at the law fir m Van Cott & Talamante, PLLC . Respondent does not object. In accordance with General Order #9, petitioner represents that she did not personally incur costs related to this proceeding

. S ee

. Stip Concerning Attorneys ’ Fees an d Costs at ¶ 4

.

The undersigned finds the stipulation for fees and costs reasonable and adopts it as the

decision of the Court. The parties stipulate that petitioner shall receive the following compensation:

A lump sum of $ 4 5 ,000 .00

, in the form of a check payable to petitioner

, S haron

Rosenbaum . This amount represents compensation for all damages that would be

availabl e under 42 U.S.C. § 300aa

- 15(a )

.

A lump sum of $ 2 5

, 3 00

. 0 0 , in the form of a check jointly payable to petitioner

, petitioner’s attorney, A ndrew D. Downing

, and H ennelly & Steadman PLC pursuant to 42 U.S.C . § 300 aa

- 15(e) , for attorneys’ fees and costs

.

A lump sum of $ 3 ,700

. 0 0 , in the form of a check jointly payable to petitioner

, petitioner’s attorney, A ndrew D. Downing

, and Van Cott & Talamante, PLLC pursuant to 42 U.S.C . § 300 aa

- 15(e) , for attorneys’ fees and costs

.

Id. at ¶ 6(a)

- (b)

. Petitioner understands that payment totaling $29,000.00 represents all

attorneys ’ fees and costs available u nder 42 U.S.C. § 300 aa

- 15(e)

. Id. at ¶ 7.

The undersigned approves the requested amount for petitioner ’s compensation and attorneys’ fees and costs. Accordingly, t he clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.