Crowley v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-15V Filed: April 22, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED MARTIN CROWLEY, * * Special Master Gowen Petitioner, * * Joint Stipulation on Damages and v. * Attorneys’ Fees and Costs * Hepatitis A; Hepatitis B; SECRETARY OF HEALTH * Tetanus-Diptheria-acellular AND HUMAN SERVICES, * Pertussis (“TDaP”); Meningococcal; * Guillain-Barré Syndrome (“GBS”).

Respondent. * * * * * * * * * * * * * * * * * * Scott W. Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for petitioner.

Adriana R. Teitel, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 On January 6, 2015, Martin Crowley (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of receiving Hepatitis A, Hepatitis B, Meningococcal, and Tetanus-Diptheria- acellular Pertussis (“TDaP”) vaccines on August 8, 2012, he developed Guillian-Barre Syndrome (“GBS”). Stipulation for Award at ¶ 1, 2, 4, filed Apr. 21, 2016. Further, petitioner alleged that he experienced residual effects of his injury for more than six months. Id. at ¶ 4.

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, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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).

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, U.S.C. §§ 300aa-1 to -34 (2012) (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.

On April 21, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that petitioner’s GBS and its residual effects were caused by his immunizations; and further denies that the vaccines caused petitioner any other injury or his current condition. 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. The parties agree to a total award of attorneys’ fees and costs in the amount of $11,448.43. In accordance with General Order #9, petitioner represents that he did not personally incur costs related to this proceeding. Id. at ¶ 8(b). The undersigned finds the stipulation for attorneys’ fees and costs reasonable and adopts it as the decision of the Court.

The parties stipulate that petitioner shall receive the following compensation: 1) A lump sum of $55,000.00, in the form of a check payable to petitioner, Martin Crowley. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); and 2) A lump sum of $11,448.43, in the form of a check jointly payable to petitioner and to petitioner’s attorney, Scott W. Rooney, of Nemes, Rooney P.C., pursuant to 42 U.S.C. § 300 aa-15(e), for attorneys’ fees and costs. Id. at ¶ 8.

The undersigned approves the requested amounts 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

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