Yangis v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-328V Filed: February 18, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED MYROSLAWA YANGIS *

* Special Master Gowen Petitioner, *

* Joint Stipulation on Damages and v. * Attorneys’ Fees and Costs;

* Influenza (“Flu”) Vaccine; SECRETARY OF HEALTH * Allergic reaction; Arm injuries AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * * Patricia A. Finn, Esq., Piermont, NY, for petitioner.

Gordon E. Shemin, Esq., United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On April 21, 2014, Myroslawa Yangis (“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 influenza (“flu”) vaccine on or about November 6, 2012, she suffered an allergic reaction and arm injuries. Stipulation for Compensation at ¶ 2, 4, filed Feb. 13, 2015. Further, petitioner alleged that she experienced residual effects of her injury for more than six months. Id. at ¶ 4.

On February 13, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccination caused any injury to petitioner. 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 filed a stipulation concerning attorneys’ fees and costs on February 13, 2015, attached hereto as Appendix B. The parties agree to a total award of attorneys’ fees and costs in the amount of $10,323.00. Stipulation for Attorneys’ Fees and Costs at ¶ 3(a). In accordance with General Order #9, petitioner represents that she personally incurred costs related to this proceeding in the amount of $2,177.00. Id. at ¶ 3(b). 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 $92,500.00, in the form of a check payable to petitioner, Myroslawa Yangis. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

A lump sum of $10,323.00, in the form of a check jointly payable to petitioner and to petitioner’s attorney, Patricia Finn, pursuant to 42 U.S.C. § 300 aa-15(e), for attorneys’ fees and costs.

A lump sum of $2,177.00, in the form of a check payable to petitioner only. The undersigned approves the requested amount for petitioner’s compensation and attorneys’ fees and costs. Accordingly, the 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

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS ____________________________________

) MYROSLAWA YANGIS, )

) Petitioner, ) No. 14-328V

) Special Master Gowen

v. ) ECF

) SECRETARY OF HEALTH AND ) HUMAN SERVICES, )

) Respondent. )

) STIPULATION OF FACTS CONCERNING ATTORNEYS’ FEES AND COSTS It is hereby stipulated by and between the parties, the following factual matters: 1. Patricia Finn is the attorney of record for petitioner.

2. Petitioner submitted a draft Application for Attorneys’ Fees and Costs to respondent’s counsel.

3. In informal discussions, respondent raised objections to certain items in petitioner’s draft application. Based on those discussions, petitioner now requests reimbursement in the following amounts: a. $10,323.00, jointly payable to petitioner and Patricia Finn, P.C., for attorneys’ fees and costs; and b. $2,177.00 payable to petitioner for costs she personally incurred in pursuit of the petition.

4. Petitioner understands that the payments totaling $12,500.00 represent all attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e). Counsel for respondent informed counsel for petitioner that respondent does not oppose petitioner’s request of $12,500.00 for all attorneys’ fees and costs.

5. Nothing in this Stipulation, including the amounts set forth in paragraph 3, should be construed as an admission, concession, or waiver by either party as to any of the matters raised by petitioner’s request for attorneys’ fees and costs, including but not limited to the hourly rates requested, the number of hours requested, and other litigation-related costs.

Respectfully submitted, /s/ Patricia Finn /s/ Gordon Shemin PATRICIA FINN GORDON SHEMIN Patricia Finn Attorney, P.C. Trial Attorney 450 Piermont Avenue Torts Branch, Civil Division Piermont, New York 10968 U.S. Department of Justice (845) 398-0521 P.O. Box 146, Benjamin Franklin Station Attorney of Record for Petitioner Washington, D.C. 20044-0146

Tel: (202) 616-4208

Attorney of Record for Respondent Dated: February 13, 2015