VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00657
Package ID: USCOURTS-cofc-1_09-vv-00657
Petitioner: Rosella Lyons
Filed: 2009-10-02
Decided: 2015-09-09
Vaccine: influenza
Vaccination date: 2008-10-14
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 300000

AI-assisted case summary:
Rosella Lyons filed a petition on October 2, 2009, alleging that an influenza vaccine administered to her on October 14, 2008 caused her to develop Guillain-Barré syndrome. The petition originally listed the vaccination date as October 14, 2007, but Ms. Lyons's medical records reflected October 14, 2008, and the parties subsequently stipulated that the latter date was accurate.

The parties filed a joint stipulation on January 2, 2015. Respondent denied that the flu vaccine caused Ms. Lyons's GBS or any other injury, and further denied that her current disabilities were sequelae of a vaccine-related injury. Nevertheless, the parties agreed to resolve the case through stipulation. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Ms. Lyons received a lump sum payment of $300,000.00 representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On August 17, 2015, the parties filed a stipulation concerning final attorneys' fees and costs, agreeing to an award of $79,877.21. Ms. Lyons represented that she had not personally incurred any costs. Special Master Hamilton-Fieldman awarded $79,877.21, payable jointly to Ms. Lyons and her attorney, F. John Caldwell, Jr., of Maglio, Christopher & Toale, PA.

Theory of causation field:
Flu vaccine Oct 14, 2008 (petition listed 2007; corrected by stipulation) → GBS. Joint stipulation Jan 2, 2015; respondent denied causation; $300,000 lump sum (SM Hamilton-Fieldman Jan 5, 2015). Fees $79,877.21 (Aug 18, 2015). decision_date corrected to 2015-09-09 (last granule date_issued; DB had 2015-01-26 = compensation decision date).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_09-vv-00657-0
Date issued/filed: 2015-01-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/5/2015) regarding 71 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:09-vv-00657-UNJ Document 74 Filed 01/26/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-657V
Filed: January 5, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
ROSELLA LYONS, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Guillain-
* Barré Syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On October 2, 2009, Rosella Lyons (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleges
that she suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”)
vaccine administered to her on October 14, 2008.3
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 The petition lists the date of vaccination as October 14, 2007. However, the medical records
reflect that the date of vaccination was October 14, 2008, and the parties have now stipulated that
the latter date is accurate.
1

Case 1:09-vv-00657-UNJ Document 74 Filed 01/26/15 Page 2 of 7
On January 2, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation.
Respondent denies that the flu vaccine caused Petitioner’s alleged GBS or any other
injury, and further denies that her current disabilities are sequelae of a vaccine-related injury.
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 stipulate that Petitioner shall receive the following compensation:
A lump sum of $300,000.00, 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).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
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.4
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

CCaassee 11::0099--vvvv--0000665577--UUNNJJ DDooccuummeenntt 7704 FFiilleedd 0011//0226//1155 PPaaggee 13 ooff 57

CCaassee 11::0099--vvvv--0000665577--UUNNJJ DDooccuummeenntt 7704 FFiilleedd 0011//0226//1155 PPaaggee 24 ooff 57

CCaassee 11::0099--vvvv--0000665577--UUNNJJ DDooccuummeenntt 7704 FFiilleedd 0011//0226//1155 PPaaggee 35 ooff 57

CCaassee 11::0099--vvvv--0000665577--UUNNJJ DDooccuummeenntt 7704 FFiilleedd 0011//0226//1155 PPaaggee 46 ooff 57

CCaassee 11::0099--vvvv--0000665577--UUNNJJ DDooccuummeenntt 7704 FFiilleedd 0011//0226//1155 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_09-vv-00657-1
Date issued/filed: 2015-09-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/18/2015) regarding 79 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:09-vv-00657-UNJ Document 82 Filed 09/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-657V
Filed: August 18, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
ROSELLA LYONS, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On October 2, 2009, Rosella Lyons (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleges
that she suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”)
vaccine administered to her on October 14, 2008.3 On January 5, 2015, the undersigned issued a
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 The petition lists the date of vaccination as October 14, 2007. However, the medical records
reflect that the date of vaccination was October 14, 2008, and the parties have now stipulated that
the latter date is accurate.
1

Case 1:09-vv-00657-UNJ Document 82 Filed 09/09/15 Page 2 of 2
decision awarding compensation to Petitioner.
On August 17, 2015, the parties filed a Stipulation of Fact Concerning Final Attorneys’
Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $79,877.21
in attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner represents
that she has not personally incurred any costs in pursuit of her claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $79,877.21, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, F. John
Caldwell, Jr.
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.4
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2