VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00636
Package ID: USCOURTS-cofc-1_10-vv-00636
Petitioner: Linda Watkins
Filed: 2010-09-22
Decided: 2014-10-10
Vaccine: influenza
Vaccination date: 2007-10-01
Condition: anaphylaxis or anaphylactic shock, injuries to her respiratory tract and esophagus, and brachial neuritis
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Linda Watkins filed a petition on September 22, 2010, alleging that pneumococcal (Pneumovax), tetanus diphtheria (Td), and influenza vaccines she received on October 1, 2007 caused her to suffer anaphylaxis or anaphylactic shock, injuries to her respiratory tract and esophagus, and brachial neuritis, with her current disabilities alleged as sequelae. Special Master Gowen noted that the pneumococcal vaccine at issue was Pneumovax, a polysaccharide formulation that is not covered under the Vaccine Injury Table, and compensation could only be based on the Td or flu vaccine.

On August 25, 2014, the parties filed a joint stipulation. Respondent denied that the flu vaccine or the Td vaccine caused petitioner's alleged injuries. Nevertheless, the parties agreed to resolve the case through stipulation, and Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On September 16, 2014, the parties filed a stipulation for attorneys' fees and costs, agreeing to a total award of $50,707.41, consisting of $26,250.00 in attorneys' fees and $24,457.41 in costs. Petitioner had not personally incurred any fees or costs. Special Master Gowen awarded $50,707.41 payable jointly to petitioner and her counsel, Christopher T. Castro, of Galloway Jefcoat LLP.

Theory of causation field:
Pneumovax (not covered) + Td + flu vaccines Oct 1, 2007 → anaphylaxis/anaphylactic shock, respiratory/esophageal injury, brachial neuritis. Respondent denied Td/flu causation. Joint stipulation Aug 25, 2014; SM Gowen. $50,000. Fees $50,707.41. award corrected: 100707 → 50000 (DB had comp+fees combined).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00636-0
Date issued/filed: 2014-09-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/25/2014) regarding 40 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00636-UNJ Document 46 Filed 09/17/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-636V
Filed: August 25, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
LINDA WATKINS, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine; Tetanus
* Diptheria (Td) Vaccine;
SECRETARY OF HEALTH * Anaphylaxis; Anaphylactic Shock;
AND HUMAN SERVICES, * Injury to Respiratory Tract and
* Esophagus; Brachial Neuritis.
Respondent. *
* * * * * * * * * * * * * * * *
Christopher T. Castro, Galloway, Jefcoat LLP, Lafayette, LA, for petitioner.
Lisa Watts, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On September 22, 2010, Linda Watkins (“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 anaphylaxis or anaphylactic shock, injuries to her
respiratory tract and esophagus, and brachial neuritis as a result of receiving a pneumococcal
vaccine (“Pneumovax”),3 a tetanus diphtheria (“Td”) vaccine, and an influenza (“flu”) vaccine
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 Petitioner may not receive compensation under the Act for injuries caused by the Pneumovax
vaccine, because, unlike a pneumococcal conjugate vaccine, it is not covered under the Vaccine
Injury Table. 42 C.F.R. 100.3(a)(XII).
1

Case 1:10-vv-00636-UNJ Document 46 Filed 09/17/14 Page 2 of 7
on October 1, 2007. See Petition at 1.
On August 25, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation.
Respondent denies that the flu vaccine or the Td vaccine caused petitioner’s alleged
anaphylaxis, anaphylactic shock, injuries to her respiratory tract and esophagus, brachial neuritis,
or any other injury, and further denies that petitioner’s 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 $50,000.00, 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/ Thomas L. Gowen
Thomas L. Gowen
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

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CCaassee 11::1100--vvvv--0000663366--UUNNJJ DDooccuummeenntt 3496 FFiilleedd 0089//2157//1144 PPaaggee 24 ooff 57

CCaassee 11::1100--vvvv--0000663366--UUNNJJ DDooccuummeenntt 3496 FFiilleedd 0089//2157//1144 PPaaggee 35 ooff 57

CCaassee 11::1100--vvvv--0000663366--UUNNJJ DDooccuummeenntt 3496 FFiilleedd 0089//2157//1144 PPaaggee 46 ooff 57

CCaassee 11::1100--vvvv--0000663366--UUNNJJ DDooccuummeenntt 3496 FFiilleedd 0089//2157//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_10-vv-00636-1
Date issued/filed: 2014-10-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/16/2014) regarding 45 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:10-vv-00636-UNJ Document 51 Filed 10/10/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-636V
Filed: September 16, 2014
* * * * * * * * * * * * * * * *
* UNPUBLISHED
LINDA WATKINS *
* Special Master Gowen
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Christopher T. Castro, Lafayette, LA, for petitioner.
Lisa A. Watts, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On September 22, 2010, Linda Watkins (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that she suffered from anaphylaxis or anaphylactic shock, injuries to her
respiratory tract and esophagus, and brachial neuritis as a result of receiving a pneumococcal
vaccine, a tetanus diphtheria vaccine, and an influenza vaccine on October 1, 2007. Petition at 1.
On August 25, 2014, a decision was entered awarding compensation based on the parties’
stipulation.
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-00636-UNJ Document 51 Filed 10/10/14 Page 2 of 2
On September 16, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $50,707.41. In accordance with General Order #9,
petitioner’s counsel filed a statement on September 16, 2014 representing that petitioner did not
personally incur any fees or costs related to the prosecution of this case. See Petitioner’s General
Order Number 9 Statement, dated Sept. 16, 2014, at 1. The parties stipulate that the total award
of $50,707.41 includes petitioner’s attorneys’ fees in the amount of $26,250.00 and attorneys’
costs in the amount of $24,457.41. See J. Status Rep., filed Sept. 16, 2014.
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 the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Christopher T. Castro, of Galloway Jefcoat LLP, in the amount of $50,707.41.
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.
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
2