VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00745
Package ID: USCOURTS-cofc-1_09-vv-00745
Petitioner: Abigail Shifflett
Filed: 2009-10-30
Decided: 2015-02-03
Vaccine: influenza
Vaccination date: 2006-11-09
Condition: mononeuropathy of the 6th cranial nerve and esotropia
Outcome: compensated
Award amount USD: 235000

AI-assisted case summary:
On October 30, 2009, Michael T. and Jillian A. Shifflett, as parents and natural guardians of Abigail Shifflett, a minor, filed a petition for compensation. They alleged that the Trivalent influenza vaccine administered to Abigail on November 9, 2006, caused her to suffer mononeuropathy of the 6th cranial nerve and esotropia. Petitioners stated that there had been no prior award or settlement of a civil action for damages on Abigail’s behalf as a result of her alleged vaccine injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Abigail’s alleged mononeuropathy of the 6th cranial nerve and esotropia or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. Despite the denial, the parties reached a joint stipulation for compensation, which was filed on April 25, 2014. Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded a lump sum of $175,000.00, payable to petitioners Michael T. and Jillian A. Shifflett as guardians/conservators of Abigail’s estate, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was filed on April 30, 2014. Subsequently, on December 30, 2014, the respondent filed a stipulation of fact concerning final attorneys’ fees and costs. Petitioners had initially submitted a draft application for attorneys’ fees and costs, to which the respondent raised objections. Following discussions, petitioners amended their application to request $60,000.00, an amount to which the respondent did not object. Special Master Christian J. Moran awarded this amount on February 3, 2015. The award included a lump sum of $57,313.20, payable to petitioners and their attorney, Ramon Rodriguez, for attorneys’ fees and other litigation costs, and a lump sum of $2,686.80, payable to petitioners Michael T. and Jillian A. Shifflett, for costs they incurred in pursuing their petition. The total award for compensation, fees, and costs was $235,000.00 ($175,000 + $60,000). Ramon Rodriguez, III, of Rawls, McNelis & Mitchell, P.C., represented the petitioner, and Glenn A. Macleod of the U.S. Department of Justice represented the respondent. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The mechanism of injury was not detailed in the public decision.

Theory of causation field:
Petitioners alleged that the Trivalent influenza vaccine administered on November 9, 2006, caused Abigail Shifflett to suffer mononeuropathy of the 6th cranial nerve and esotropia. Respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $175,000.00 for all damages. Attorneys' fees and costs totaling $60,000.00 were also awarded. The public decision does not detail the specific medical experts, the proposed mechanism of injury, or the evidence presented to support the claim, other than the parties' stipulation. The case was filed on October 30, 2009, and the compensation decision was filed on April 30, 2014, with the fees and costs decision filed on February 3, 2015. Petitioner counsel was Ramon Rodriguez, III, and respondent counsel was Glenn A. Macleod.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_09-vv-00745-0
Date issued/filed: 2014-06-09
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/30/2014) regarding 80 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:09-vv-00745-UNJ Document 83 Filed 06/09/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL T. and JILLIAN A. SHIFFLETT, *
parents and natural guardians of * No. 09-745V
ABIGAIL SHIFFLETT, a minor, * Special Master Christian J. Moran
*
Petitioners, * Filed: April 30, 2014
*
v. * Stipulation; Trivalent influenza
* (“flu”) vaccine; mononeuropathy
* and esotropia.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis & Mitchell, P.C., for Petitioner;
Glenn A. Macleod, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 25, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Michael T. and Jillian A. Shifflett, on behalf of their
daughter, Abigail Shifflett, on October 30, 2009. In their petition, the Shiffletts
alleged that the Trivalent influenza (“flu”) vaccine which Abigail received on
November 9, 2006, which is contained in the Vaccine Injury Table (the “Table”), 42
C.F.R. §100.3(a), caused her to suffer mononeuropathy of the 6th cranial nerve and
esotropia. Petitioners represent that there has been no prior award or settlement of a
civil action for damages on Abigail’s behalf as a result of her alleged vaccine injury.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the
parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master
will appear in the document posted on the website.

Case 1:09-vv-00745-UNJ Document 83 Filed 06/09/14 Page 2 of 8
Respondent denies that the flu vaccine caused Abigail’s alleged
mononeuropathy of the 6th cranial nerve and esotropia or any other injury, and further
denies that her current disabilities are a sequela of a vaccine-related injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $175,000.00 in the form of a check payable to petitioners,
Michael T. and Jillian A. Shifflett, as guardians/conservators of Abigail’s
estate representing compensation for all damages available under 42
U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the
clerk is directed to enter judgment in case 9-745V according to this decision and the
attached stipulation.2
Any questions may be directed to my law clerk, Marc Langston, at (202) 357-
6392.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party
filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

CCaassee 11::0099--vvvv--0000774455--UUNNJJ DDooccuummeenntt 7893 FFiilleedd 0046//2059//1144 PPaaggee 13 ooff 68

CCaassee 11::0099--vvvv--0000774455--UUNNJJ DDooccuummeenntt 7893 FFiilleedd 0046//2059//1144 PPaaggee 24 ooff 68

CCaassee 11::0099--vvvv--0000774455--UUNNJJ DDooccuummeenntt 7893 FFiilleedd 0046//2059//1144 PPaaggee 35 ooff 68

CCaassee 11::0099--vvvv--0000774455--UUNNJJ DDooccuummeenntt 7893 FFiilleedd 0046//2059//1144 PPaaggee 46 ooff 68

CCaassee 11::0099--vvvv--0000774455--UUNNJJ DDooccuummeenntt 7893 FFiilleedd 0046//2059//1144 PPaaggee 57 ooff 68

CCaassee 11::0099--vvvv--0000774455--UUNNJJ DDooccuummeenntt 7893 FFiilleedd 0046//2059//1144 PPaaggee 68 ooff 68

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_09-vv-00745-1
Date issued/filed: 2015-02-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/31/2014) regarding 87 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:09-vv-00745-UNJ Document 90 Filed 02/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL T. and JILLIAN A. SHIFFLETT, *
parents and natural guardians of * No. 09-745V
ABIGAIL SHIFFLETT, a minor, * Special Master Christian J. Moran
*
Petitioners, * Filed: December 31, 2014
*
v. * Attorneys’ fees and costs; award
* in the amount to which
* respondent does not object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis & Mitchell, P.C., for Petitioner;
Glenn A. Macleod, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On December 30, 2014, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioners
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioners’ application, respondent raised objections to
certain items. Based on subsequent discussions, petitioners amended their application
to request $60,000.00, an amount to which respondent does not object. The Court
awards this amount.
On October 30, 2009, Michael T. and Jillian A. Shifflett filed a petition for
compensation on behalf of their daughter, Abigail Shifflett, alleging that the influenza
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the
parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master
will appear in the document posted on the website.

Case 1:09-vv-00745-UNJ Document 90 Filed 02/03/15 Page 2 of 2
(“flu”) vaccine, which Abigail received on November 9, 2006, caused her to suffer
mononeuropathy of the 6th cranial nerve and esotropia. Petitioners received
compensation based upon the parties’ stipulation. Decision, filed Apr. 30, 2014.
Because petitioners received compensation, they are entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioners seek a total of $57,313.20 in attorneys’ fees and costs for their
counsel. Additionally, in compliance with General Order No. 9, petitioners state that
they incurred $2,686.80 in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees and
costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $57,313.20 in the form of a check made payable to
petitioners and petitioners’ attorney, Ramon Rodriguez, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).
b. A lump sum of $2,686.80, payable to petitioners, Michael T. Shifflett
and Jillian A. Shifflett, for costs they incurred in pursuit of their
petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2