VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00483
Package ID: USCOURTS-cofc-1_10-vv-00483
Petitioner: S.W.
Filed: 2010-07-26
Decided: 2015-02-19
Vaccine: IPV and DTaP
Vaccination date: 2007-07-30
Condition: Guillain Barré syndrome (GBS), or another neurological injury, which was caused in fact by the vaccinations.
Outcome: compensated
Award amount USD: 492165

AI-assisted case summary:
Samantha Y. Wilson, as the parent and legal representative of her minor daughter S.W., filed a petition on July 26, 2010, under the National Vaccine Injury Compensation Program. The petition alleged that S.W. received Inactivated Polio (IPV) and Diphtheria-Tetanus-Acellular Pertussis (DTaP) vaccines on July 30, 2007. Petitioner claimed that S.W. subsequently developed Guillain Barré syndrome (GBS) or another neurological injury caused by these vaccinations. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused S.W.'s alleged GBS, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties reached a stipulation for damages. On August 18, 2014, Special Master Nora Beth Dorsey entered a decision awarding compensation based on this stipulation. The award included a lump sum of $112,165.67 for a Medicaid lien, payable jointly to petitioner and the State of Michigan, and a lump sum of $325,000.00 for all other damages, payable to petitioner as guardian/conservator of S.W.'s estate. The total award for damages was $437,165.67. Subsequently, on January 23, 2015, the parties filed a stipulation for attorneys' fees and costs. The respondent did not object to an award of $52,031.18 in attorneys' fees and costs, payable jointly to petitioner and the law firm of Rawls, McNelis & Mitchell, P.C. Petitioner represented $5,968.82 in reimbursable costs, payable to petitioner. On February 19, 2015, Special Master Nora Beth Dorsey granted the motion for approval and payment of these fees and costs. The final award, including damages, attorneys' fees, and costs, totaled $492,165.67. Petitioner was represented by Ramon Rodriguez of Rawls, McNelis and Mitchell, P.C., and respondent was represented by Glenn MacLeod of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation.

Theory of causation field:
Petitioner alleged that the Inactivated Polio (IPV) and Diphtheria-Tetanus-Acellular Pertussis (DTaP) vaccines administered on July 30, 2007, caused Guillain Barré syndrome (GBS) or another neurological injury in the minor, S.W. The respondent denied that the vaccines caused the alleged injury. The parties reached a stipulation for damages, and Special Master Nora Beth Dorsey adopted this stipulation as the decision of the court. The case resulted in a compensated outcome. The specific theory of causation, including any expert testimony or medical evidence presented, is not detailed in the provided public decisions, which focus on the stipulation and award of attorneys' fees and costs. The award included $112,165.67 for a Medicaid lien and $325,000.00 for other damages, totaling $437,165.67. Attorneys' fees and costs of $52,031.18 were awarded, plus $5,968.82 in reimbursable costs, for a final award of $492,165.67. The decision dates were August 18, 2014, for damages and February 19, 2015, for attorneys' fees and costs. Petitioner's counsel was Ramon Rodriguez of Rawls, McNelis and Mitchell, P.C., and respondent's counsel was Glenn MacLeod of the United States Department of Justice. The theory of causation is described as 'Off-Table' in the provided database fields, but this designation is not elaborated upon in the text of the decisions.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00483-0
Date issued/filed: 2014-08-18
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/28/2014) regarding 83 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:10-vv-00483-UNJ Document 87 Filed 08/18/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-483V
Filed: July 28, 2014
* * * * * * * * * * * * * * * *
SAMANTHA Y. WILSON, As Parent and * UNPUBLISHED
Legal Representative of her minor daughter, *
S.W., * Special Master Dorsey
*
Petitioner, * Joint Stipulation on Damages;
* Inactivated Polio Vaccine (“IPV”);
v. * Diptheria-Tetanus-Acellular
* Pertussis (“DTaP”) Vaccine;
SECRETARY OF HEALTH * Guillain Barré Syndrome (“GBS”);
AND HUMAN SERVICES, * Chronic Inflammatory
* Demyelinating Polyneuropathy
Respondent. * (“CIDP”).
* * * * * * * * * * * * * * * *
Ramon Rodriguez, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Glenn MacLeod, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On July 26, 2010, Samantha Y. Wilson (“petitioner”) filed a petition on behalf of her
daughter, S.W., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§
300aa-1 to -34 (2006). Petitioner alleged that S.W. received Inactivated Polio (“IPV”) and
Diptheria-Tetanus-Acellular Pertussis (“DTaP”) vaccines on July 30, 2007, and that she
thereafter suffered from Guillain Barré syndrome (“GBS”), or another neurological injury, which
was caused in fact by the vaccinations. See Petition at 1-2.
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.
1

Case 1:10-vv-00483-UNJ Document 87 Filed 08/18/14 Page 2 of 8
On July 25, 2014, the parties filed a stipulation in which they agree that a decision should
be entered awarding compensation.
Respondent denies that the DTaP and IPV vaccines caused S.W.’s alleged GBS and/or
CIDP and/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 stipulated that petitioner shall receive the following compensation:
A lump sum of $112,165.67, which amount represents reimbursement of a lien
for services rendered on behalf of S.W., in the form of a check payable jointly to
petitioner as guardian/conservator of S.W.’s estate, and
The State of Michigan
P.O. Box 30053
Lansing, MI 48909
RE: [S.W.]
Medicaid ID#: 0029044902
Petitioner agrees to endorse this payment to the Michigan Medicaid Agency; and
A lump sum of $325,000.00, in the form of a check payable to petitioner, as
guardian/conservator of the estate of S.W., which amount represents
compensation for all other 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.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 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::1100--vvvv--0000448833--UUNNJJ DDooccuummeenntt 8827 FFiilleedd 0078//2158//1144 PPaaggee 13 ooff 68

CCaassee 11::1100--vvvv--0000448833--UUNNJJ DDooccuummeenntt 8827 FFiilleedd 0078//2158//1144 PPaaggee 24 ooff 68

CCaassee 11::1100--vvvv--0000448833--UUNNJJ DDooccuummeenntt 8827 FFiilleedd 0078//2158//1144 PPaaggee 35 ooff 68

CCaassee 11::1100--vvvv--0000448833--UUNNJJ DDooccuummeenntt 8827 FFiilleedd 0078//2158//1144 PPaaggee 46 ooff 68

CCaassee 11::1100--vvvv--0000448833--UUNNJJ DDooccuummeenntt 8827 FFiilleedd 0078//2158//1144 PPaaggee 57 ooff 68

CCaassee 11::1100--vvvv--0000448833--UUNNJJ DDooccuummeenntt 8827 FFiilleedd 0078//2158//1144 PPaaggee 68 ooff 68

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DOCUMENT 2: USCOURTS-cofc-1_10-vv-00483-1
Date issued/filed: 2015-02-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/26/2015) regarding 90 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:10-vv-00483-UNJ Document 93 Filed 02/19/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-483V
Filed: January 26, 2015
* * * * * * * * * * * * * *
SAMANTHA Y. WILSON *
as Parent and Legal Representative of her *
minor daughter, S.W. * UNPUBLISHED
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does Not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On July 26, 2010, Samantha Y. Wilson (“petitioner”) filed a petition on behalf of her
minor daughter, S.W., for compensation under the National Vaccine Injury Compensation
Program (“Vaccine Program”).2 Petitioner alleged that S.W. received Inactivated Polio (“IPV”)
and Diptheria-Tetanus-Acellular Pertussis (“DTaP”) vaccines on July 30, 2007, and thereafter
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire 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. §§ 300aa-1 to -34 (2006) (“Vaccine Act” or “Act”). All citations in this decision to
individual sections of the Act are to 42 U.S.C.A. § 300aa.
1

Case 1:10-vv-00483-UNJ Document 93 Filed 02/19/15 Page 2 of 2
suffered from Guillain Barré syndrome (“GBS”). On August 18, 2014, a decision awarding
compensation to petitioner based on the parties’ stipulation was entered.
On January 23, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. According to the stipulation, respondent does not object to a total award of attorneys’
fees and costs in the amount of $52,031.18. In accordance with General Order #9, petitioner
represents that she incurred $5,968.82 in reimbursable costs in pursuit of her petition.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and respondent’s counsel’s
lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s
motion for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
1) in the form of a check payable to petitioner only in the amount of $5,968.82; and
2) in the form of a check jointly payable to petitioner and the law firm of Rawls,
McNelis & Mitchell, P.C. in the amount of $52,031.18.
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.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 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