VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00746
Package ID: USCOURTS-cofc-1_10-vv-00746
Petitioner: Rachelle Rudolph
Filed: 2010-11-01
Decided: 2015-07-29
Vaccine: HPV
Vaccination date: 2007-11-01
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Rachelle Rudolph filed a petition on November 1, 2010, alleging that human papillomavirus (HPV) and/or tetanus-diphtheria (TD) vaccines she received on or about November 1, 2007 caused her to develop Guillain-Barré syndrome, with residual effects lasting more than six months.

On December 29, 2014, the parties filed a joint stipulation. Respondent denied that the vaccines caused petitioner's GBS or any other injury. 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 $120,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On June 24, 2015, the parties filed a stipulation for attorneys' fees and costs, requesting a total award of $66,183.71, an amount to which respondent did not object. Special Master Gowen awarded $66,183.71, payable jointly to petitioner and her counsel, James D. Myers, of Shaffer, Lombardo & Shurin. Petitioner had not incurred any personal reimbursable costs.

Theory of causation field:
HPV and/or TD vaccines ~Nov 1, 2007 → GBS. Joint stipulation Dec 29, 2014; respondent denied causation; SM Gowen. $120,000. Fees $66,183.71 (SM Gowen June 25, 2015). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00746-0
Date issued/filed: 2015-01-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/29/2014) regarding 68 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00746-UNJ Document 71 Filed 01/20/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-746V
Filed: December 29, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
RACHELLE RUDOLPH, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Human Papillomavirus (“HPV”)
* vaccine; Tetanus-diptheria (“TD”)
SECRETARY OF HEALTH * vaccine
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
James D. Myers, Shaffer, Lombardo & Shurin, Kansas City, MO, for petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On November 1, 2010, Rachelle Rudolph (“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 as a result of receiving a human papillomavirus (“HPV”) vaccine and/or a
tetanus-diptheria (“TD”) vaccine on or about November 1, 2007, she developed Guillain-Barre
syndrome (“GBS”). Stipulation ¶ 2, 4, filed Dec. 29, 2014. Further, petitioner alleged that she
experienced residual effects of her injury for more than six months. Id. at ¶ 4.
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-00746-UNJ Document 71 Filed 01/20/15 Page 2 of 7
On December 29, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the vaccines in question
caused petitioner’s GBS and/or any other injury. Id. at ¶ 6. 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 $120,000.00, in the form of a check payable to petitioner, Rachelle
Rudolph. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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

Case 1:10-vv-00746-UNJ Document 71 Filed 01/20/15 Page 3 of 7

Case 1:10-vv-00746-UNJ Document 71 Filed 01/20/15 Page 4 of 7

Case 1:10-vv-00746-UNJ Document 71 Filed 01/20/15 Page 5 of 7

Case 1:10-vv-00746-UNJ Document 71 Filed 01/20/15 Page 6 of 7

Case 1:10-vv-00746-UNJ Document 71 Filed 01/20/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_10-vv-00746-1
Date issued/filed: 2015-07-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/25/2015) regarding 75 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:10-vv-00746-UNJ Document 78 Filed 07/29/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-746V
Filed: June 25, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
RACHELLE RUDOLPH, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
James D. Myers, Shaffer, Lombardo & Shurin, Kansis City, MO, for petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On November 1, 2010, Rachelle Rudolph (“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 as a result of receiving a human papillomavirus (“HPV”) vaccine and/or a tetanus-
diptheria (“TD”) vaccine on or about November 1, 2007, she developed Guillain-Barré Syndrome
(“GBS”). Stip. for Award, filed Dec. 29, 2014. On December 29, 2014, the parties filed a
stipulation in which they agreed to an award of compensation to petitioner. On that same day, the
undersigned issued a Decision adopting the parties’ stipulation for an award. See Decision on J.
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-00746-UNJ Document 78 Filed 07/29/15 Page 2 of 2
Stip., filed Apr. 8, 2015.
On June 24, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $66,183.71. Stip. for
Fees and Costs ¶ 2. Respondent does not object. Id. In accordance with General Order #9, petitioner
represents that she did not incur any reimbursable costs in pursuit of this claim. Id. at ¶ 3.
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,
James D. Myers, of Shaffer, Lombardo & Shurin, in the amount of $66,183.71.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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