Kramolis v. Secretary of Health and Human Services ( 2014 )


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  •                         United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 12-288V
    *************************
    *
    GARY KRAMOLIS,             *                                            Filed: September 23, 2014
    *
    Petitioner, *                                            Decision by Stipulation,
    *                                            Attorneys’ Fees and Costs;
    v.               *                                            Damages; Influenza (“Flu”)
    *                                            Vaccine; Guillain-Barré
    SECRETARY OF HEALTH        *                                            Syndrome (“GBS”)
    AND HUMAN SERVICES,        *
    *
    Respondent. *
    *
    *************************
    Franklin J. Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.
    Lara Englund, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
    DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1
    On May 4, 2014, Gary Kramolis filed a petition seeking compensation under the National
    Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving the
    influenza ("flu") vaccine on October 7, 2011, he suffered from Guillain-Barré syndrome
    (“GBS”) and experienced residual effects that lasted for more than six months.
    Respondent denies that the flu vaccine is the cause of Petitioner’s GBS and any other
    injuries or his current condition. Nonetheless both parties, while maintaining their above-stated
    1
    Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the
    United States Court of Federal Claims’ website, 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 42
    U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of
    confidential information. Specifically, under 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). Otherwise, the whole decision will
    be available to the public. Id.
    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.A. ' 300aa-10-34 (2006))
    [hereinafter “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.
    positions, agreed in a stipulation filed on September 23, 2014, that a decision should be entered
    awarding Petitioner compensation.
    In a separate stipulation filed on that same day, the parties indicated that they had also
    reached an agreement regarding attorneys’ fees and costs. The stipulation laid out the amount of
    compensation that should be awarded to Petitioner’s attorney in a check made payable jointly to
    Petitioner and Petitioner’s counsel. It also indicated that no out-of-pocket litigation related costs
    had been incurred by Petitioner.
    I have reviewed the file, and based upon that review, I conclude that the parties’
    stipulations are reasonable. I therefore adopt them as my decision in awarding damages, and
    attorneys’ fees and costs, on the terms set forth therein.
    The damages stipulation awards:
    A lump sum of $429,799.11, representing compensation for first year of life care
    expenses ($4,799.11), and combined lost earnings, pain and suffering, and past
    unreimbursed expenses ($425,000.00), in the form of a check payable to
    Petitioner;
    A lump sum of $12,525.03, which amount represents reimbursement of a State of
    Texas lien, in the form of a check payable jointly to Petitioner and
    AMERIGROUP (P.O. Box 62509; Virginia Beach, VA 23466; Attn: Cost
    Containment Unit; AGP Member Number: 716718785);
    An amount sufficient to purchase an annuity contract (as described in ¶ 10 of the
    attached stipulation) paid to the life insurance company from which the annuity
    will be purchased.
    These amounts represent compensation for all damages that would be available
    under 42 U.S.C. § 300aa-15(a).
    Damages Stipulation ¶¶ 9– 10.
    The attorneys’ fees and costs stipulation awards:
    A lump sum of $27,432.39, in the form of a check payable jointly to Petitioner
    and Petitioner’s attorney, Franklin John Caldwell, Jr., for attorneys’ fees and costs
    available under 42 U.S.C. § 300aa-15(e). In compliance with General Order #9,
    Petitioner incurred no out-of-pocket litigation expenses in proceeding on the
    petition.
    Fees and Costs Stipulation ¶¶ 3 – 5.
    2
    I approve Vaccine Program awards in the requested amounts set forth above. In the
    absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is
    directed to enter judgment herewith.3
    IT IS SO ORDERED.
    /s/ Brian H. Corcoran
    Brian H. Corcoran
    Special Master
    3
    Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by both (either separately or jointly)
    filing a notice renouncing their right to seek review.
    3
    

Document Info

Docket Number: 12-288

Judges: Brian H. Corcoran

Filed Date: 10/22/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021