United States Court of Federal Claims, 2015

Lattimore v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided March 19, 2015 · Lisa Hamilton-Fieldman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-695V Filed: February 26, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED MARK LATTIMORE, *

* Special Master Hamilton-Fieldman Petitioner, *

* Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Reactive

* Arthritis; Serum Sickness; SECRETARY OF HEALTH * Attorneys’ Fees and Costs; AND HUMAN SERVICES, * Reasonable Amount Requested To

* Which Respondent Does Not Object. Respondent. *

* * * * * * * * * * * * * * * * Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner.

Gordon Shemin, United States Department of Justice, Washington, D.C., for Respondent.

DECISION 1

On August 4, 2014, Mark Lattimore (“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 an influenza (“flu”) vaccine administered to him on October 14, 2013 caused him to suffer from reactive arthritis and serum sickness.

On February 25, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation and attorneys’ fees. Respondent denies that the flu immunization caused any injury to Petitioner. 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 and attorneys’ fees, on the terms set forth therein.

The parties stipulate that Petitioner and his attorney shall receive the following compensation:

A lump sum of $77,500.00, 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); A lump sum of $15,178.14 in the form of a check jointly payable to Petitioner and Petitioner’s attorney, Andrew D. Downing, and Van Cott & Talamante, PLLC, for attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e); and A lump sum of $2,201.04 in the form of a check jointly payable to Petitioner and Petitioner’s attorney, Andrew D. Downing, and Hennelly & Steadman PLC, for all remaining attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e). In compliance with General Order #9, Petitioner represents that he incurred no personal, out-of-pocket expenses in proceeding on the petition.

Stipulation ¶ 8.

The undersigned approves the requested amount for Petitioner’s compensation and for attorneys’ fees. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to 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 citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 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.

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