Report from the Department of Justice June 15, 2018
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1 Report from the Department of Justice June 15, 2018 Catharine E. Reeves Deputy Director, Torts Branch 1
2 Statistics Reporting Period: 2/16/18 5/15/18 I. Total Petitions Filed in the United States Court of Federal Claims this reporting period: 263 A. Minors: 23 B. Adults: 240 2
3 Statistics Reporting Period: 2/16/18 5/15/18 II. Total Petitions Adjudicated this reporting period: 147 A. Compensated: 113 i. Cases conceded by HHS: Decision awarding damages: 0 2. Decision adopting Proffer: Decision adopting Settlement: 0 ii. Cases not conceded by HHS: Decision awarding damages: 2 2. Decision adopting Proffer: 0 3. Decision adopting Settlement: 68 B. Not Compensated/Dismissed: 34 i. Decision dismissing Non-OAP: 34 ii. Decision dismissing OAP: 0 3
4 Statistics Reporting Period: 11/16/17 2/15/18 III. Total Petitions Voluntarily Withdrawn this reporting period (no judgment will be issued): 2 4
5 Appeals: U.S. Court of Appeals for the Federal Circuit Decided Cases Appeals by Petitioner: D Tiole v. HHS: (Entitlement) Anderson v. HHS: (Entitlement) Galindo v. HHS: (Writ of Mandamus) All decisions are available on the CAFC s website: 5
6 Appeals: U.S. Court of Appeals for the Federal Circuit Pending Cases Appeals by Petitioner: Oliver v. HHS: (Entitlement) Depena v. HHS: (Entitlement) Olson v. HHS: (Entitlement) McCollum v. HHS: (Entitlement) Krakow v. HHS: (Atty s Fees and Costs) Rogero v. HHS: (Entitlement) *Yellow cases are new this reporting period 6
7 Appeals: U.S. Court of Federal Claims Appeals by Petitioner: Caruso v. HHS: (Entitlement) Bender v. HHS: (Entitlement) Diedrich v. HHS: (Entitlement) Greene v. HHS: (Entitlement) Decided Cases All decisions are available on the CFC s website: 7
8 Appeals: U.S. Court of Federal Claims Decided Cases Appeals by Respondent: McCulloch v. HHS: (Attys Fees and Costs) Fairchild v. HHS: (Interim Damages) All decisions are available on the CFC s website: 8
9 Appeals: U.S. Court of Federal Claims Pending Cases Appeals by Petitioner: Crespo v. HHS: (Attys Fees and Costs) Harrington v. HHS: (Entitlement) L.P. p/o/g Petty v. HHS: (Attorneys Fees & Costs) Gramza v. HHS: (Entitlement) Moczek v. HHS: (Entitlement) Soghomanian v. HHS: (Entitlement) Highland v. HHS: (Attys Fees and Costs) *Yellow cases are new this reporting period 9
10 Appeals: U.S. Court of Federal Claims Pending Cases Appeals by Respondent: Spahn v. HHS: (Attys Fees and Costs) Amankwaa v. HHS: (Attys Fees and Costs) Boatmon v. HHS: (Entitlement) Cottingham v. HHS: (Attys Fees and Costs) McIntosh v. HHS: (Attys Fees and Costs) *Yellow cases are new this reporting period 10
11 Scheduled Oral Arguments U.S. Court of Appeals for the Federal Circuit: Oliver v. HHS: (June 6, 2018) Depena v. HHS: (July 9, 2018) U.S. Court of Federal Claims: Boatmon v. HHS: (June 5, 2018) 11
12 Vaccine(s) 1. DTaP; IPV/OPV; PCV- 13; Hep B; Rotavirus vaccinations Adjudicated Settlements* Reporting Period: 2/16/18 5/15/18 Alleged Injury(ies) TM Petition Filing to Settlement Filing 4 Years 3 Months 2. MMR; PCV; Hep A ADEM 4 Years 3. HPV RA 4 Years 4. Flu Acute Hemorrhagic Leukoencephalitis: Annuity 4 Years 5. Flu Neurologic Injuries 3 Years 5 Months 6. Flu Lupus 3 Years 5 Monhs 7. Hep A; Flu Immune Trombocytopenic Purpura 3 Years 8. Tdap CRPS 3 Years 9. Flu NMBDA Receptor Encephalitis 2 Years 6 Months 10. Flu GBS 2 Years 5 Months 11. Flu Sensorineural hearing loss 2 Years 5 Months 12. Hep A Autoimmune Aplastic Anemia 2 Years 5 Months *Terms of compensated settlements memorialized by Stipulation (continued... ) 12
13 Adjudicated Settlements* Reporting Period: 2/16/18 5/15/18 Vaccine(s) Alleged Injury(ies) Petition Filing to Settlement Filing 13. Flu PMR 2 Years 3 Months 14. Flu GBS 2 Years 2 Months 15. Flu CIDP 2 Years 2 Months 16. Flu TM 2 Years 17. Flu GBS; Cerebellitis; Neuropathy 2 Years 18. Flu Paresthesia; Cervical/Cranial Dystonia 1 Year 8 Months 19. Flu TM 1 Year 7 Months 20. Flu ADEM 1 Year 7 Months 21. Flu SIRVA 1 Year 6 Months 22. Flu GBS 1 Year 6 Months 23. TDaP SIRVA (continued. 1. Year. ) 6 Months 13 *Terms of compensated settlements memorialized by Stipulation
14 Adjudicated Settlements* Reporting Period: 2/16/18 5/15/18 Vaccine(s) Alleged Injury(ies) Petition Filing to Settlement Filing 24. Flu TM 1 Year 5 Months 25. Flu CIDP 1 Year 5 Months 26. Flu Encephalopathy; Death 1 Year 5 Months 27. Flu SIRVA 1 Year 4 Months 28. Flu GBS 1 Year 4 Months 29. Tdap; MCV GBS 1 Year 4 Months 30. Flu SIRVA 1 Year 4 Months 31. TDaP GBS 1 Year 4 Months 32. PCV SIRVA 1 Year 4 Months 33. Flu PMR 1 Year 3 Months 34. Flu SIRVA (continued. 1. Year. ) 3 Months 14 *Terms of compensated settlements memorialized by Stipulation
15 Adjudicated Settlements* Reporting Period: 2/16/18 5/15/18 Vaccine(s) Alleged Injury(ies) Petition Filing to Settlement Filing 35. Flu SIRVA 1 Year 3 Months 36. TDaP GBS 1 Year 3 Months 37. Flu Brachial Plexitis 1 Year 3 Months 38. Flu SIRVA 1 Year 2 Months 39. Flu SIRVA 1 Year 2 Months 40. Flu TM 1 Year 2 Months 41. Flu SIRVA 1 Year 2 Months 42. Flu SIRVA 1 Year 2 Months 43. Flu SIRVA 1 Year 2 Months 44. Flu GBS 1 Year 2 Months (continued... ) 15
16 Adjudicated Settlements* Reporting Period: 2/16/18 5/15/18 Vaccine(s) Alleged Injury(ies) Petition Filing to Settlement Filing 46. Flu SIRVA 1 Year 1 Month 47. Flu SIRVA 1 Year 1 Month 48. Flu SIRVA; Parsonage Turner Syndrome 1 Year 1 Month 49. Flu SIRVA 1 Year 1 Month 50. Flu SIRVA 1 Year 1 Month 51. Flu ADEM 1 Year 1 Month 52. PCV SIRVA 1 Year 1 Month 53. Flu SIRVA 1 Year 1 Month 54. Varicella Vaccine Varicella 1 Year 55. Flu SIRVA 1 Year 56. Flu PCV; SIRVA (continued... ) 1 Year16 *Terms of compensated settlements memorialized by Stipulation
17 Adjudicated Settlements* Reporting Period: 2/16/18 5/15/18 Vaccine(s) Alleged Injury(ies) Petition Filing to Settlement Filing 57. Flu SIRVA 1 Year 58. Flu SIRVA 1 Year 59. Flu TM 1 Year 60. PCV SIRVA 1 Year 61. Flu GBS 1 Year 62. Flu SIRVA 1 Year 63. TDaP SIRVA 9 Months 64. Flu SIRVA 9 Months 65. TD GBS 9 Months 66. Flu SIRVA 9 Months 67. Flu SIRVA 9 Months *Terms of compensated settlements memorialized by Stipulation (continued... ) 17
18 Adjudicated Settlements* Reporting Period: 2/16/18 5/15/18 Vaccine(s) Alleged Injury(ies) Petition Filing to Settlement Filing 68. Flu GBS 7 Months Terms of compensated settlements memorialized by Stipulation *Terms of compensated settlements memorialized by Stipulation 18
19 Appendix 19
20 Glossary of Terms Petitions Adjudicated: Final judgment has entered on the petition in the United States Court of Federal Claims. Final Judgment: Clerk of Court, United States Court of Federal Claims, enters judgment awarding or denying compensation. Compensable: Petitioner received an award of compensation, which can be achieved through a concession by HHS, settlement, or decision on the merits by the special master, United States Court of Federal Claims. Conceded by HHS: HHS concluded that a petition should be compensated based on review and analysis of the medical records. 20
21 Glossary of Terms Settlement: Petition is resolved via a negotiated settlement between the parties, and results in the filing of a stipulation that memorializes the terms of the settlement. Decision: Special Master issues decision on the merits of the petition. Non-compensable/Dismissed: Petition dismissed. Proffer: After discussions between the parties regarding a reasonable amount of damages, respondent will file a suggested award of compensation, known within the Program as a Proffer, which is also agreed to by petitioners and their counsel. The Proffer is reviewed by the presiding special master to determine that it represents a reasonable measure of the amount of the award and describes compensation pursuant to 42 U.S.C. 300aa-15(a). The special master issues a final decision consistent with the terms of the Proffer. 21
22 Glossary of Terms Affirmed: Case has been reviewed on appeal, and the court on appeal agreed with the decision of the lower court. Reversed: Case has been reviewed on appeal, and the court on appeal disagreed with the decision of the lower court. The court on appeal typically provides reasons for reversing, and that decision becomes the law of the case, absent further appeal. Remanded: Case has been reviewed on appeal, and the reviewing court has a problem with the decision, and sends it back to the lower court. Typically, a case is remanded with a specific question or issue for the lower court to address. Vacated: Case has been reviewed on appeal, and the reviewing court has voided the lower court s decision. 22
23 Petition Processing in the Office of Special Masters Petition HHS Review Not Conceded Conceded Settlement Decision Damages Final Decision (award of compensation) Not compensable Compensable Hearing Settlement on damages Proffer Final Decision (no award of compensation) Final Decision (award of compensation) 23
24 Levels of Appeal in Vaccine Act Cases U.S. Supreme Court U.S. Court of Appeals for the Federal Circuit U.S. Court of Federal Claims Office of Special Masters
25 Office of Special Masters No Appeal Appeal Judgment CFC Affirm Reverse Reversal Remand Appeals Process Reverse CAFC Affirm Remand Reversal Supreme Court
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