VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00843
Package ID: USCOURTS-cofc-1_10-vv-00843
Petitioner: Stacey G. Williams
Filed: 2010-12-08
Decided: 2016-12-14
Vaccine: influenza
Vaccination date: 2007-12-10
Condition: transverse myelitis, multiple sclerosis, and debilitating neurological symptoms
Outcome: compensated
Award amount USD: 195000

AI-assisted case summary:
Stacey G. Williams filed a petition on December 8, 2010, alleging that an influenza vaccination she received on December 10, 2007 caused her to develop transverse myelitis, multiple sclerosis, and debilitating neurological symptoms. Alternatively, petitioner alleged that her underlying condition was significantly aggravated by the vaccine.

On April 26, 2016, the parties filed a joint stipulation. Respondent denied that the influenza vaccine caused or significantly aggravated petitioner's transverse myelitis, multiple sclerosis, neurological symptoms, or any other injury or her current condition. 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 $195,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On October 26, 2016, petitioner filed an application for attorneys' fees and costs of $63,956.08 ($51,435.80 in fees and $12,520.28 in costs). Respondent did not object to the overall amount as unreasonable. Special Master Gowen awarded $63,956.08, applying McCulloch rates to counsel Ramon Rodriguez, a board-certified primary care physician who began practicing law in 2002 and joined the Vaccine Program in 2007. The award was payable jointly to petitioner and Mr. Rodriguez. Petitioner had not personally incurred any fees or costs.

Theory of causation field:
Flu vaccine Dec 10, 2007 → TM, MS, neurological symptoms (alternatively, significant aggravation). Joint stipulation April 26, 2016; respondent denied causation/aggravation; SM Gowen. $195,000. Fees $63,956.08 (McCulloch rates; SM Nov 3, 2016). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00843-0
Date issued/filed: 2016-05-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/27/2016) regarding 83 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:10-vv-00843-UNJ Document 87 Filed 05/19/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-843V
Filed: April 27, 2016
* * * * * * * * * * * * * UNPUBLISHED
STACEY G. WILLIAMS, *
*
Petitioner, * Special Master Gowen
*
v. * Joint Stipulation; Influenza (Flu)
* Vaccine; Transverse Myelitis (TM);
SECRETARY OF HEALTH * Multiple Sclerosis (MS);
AND HUMAN SERVICES, * Neurological Symptoms
*
Respondent. *
*
* * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Justine E. Walters, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON JOINT STIPULATION1
On December 8, 2010, Stacey G. Williams (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to 34 (2012). Petitioner
alleged that, as a result of receiving an influenza (“flu”) vaccination on December 10, 2007, she
suffered from transverse myelitis (“TM”), multiple sclerosis (“MS”), and debilitating
neurological symptoms. Stip. at ¶ 4. Alternatively, petitioner alleged that her underlying
condition was significantly aggravated by the vaccine. Id.
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, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). 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 (2012) (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-00843-UNJ Document 87 Filed 05/19/16 Page 2 of 7
On April 26, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the influenza immunization caused
or significantly aggravated petitioner’s TM, MS, neurological symptoms or any other injury or
her current condition. Stip. 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 in compensation:
(1) A lump sum of $195,000.00 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).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, 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

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DOCUMENT 2: USCOURTS-cofc-1_10-vv-00843-1
Date issued/filed: 2016-12-14
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 11/03/2016) regarding 90 DECISION of Special Master (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:10-vv-00843-UNJ Document 93 Filed 12/14/16 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-843v
Filed: November 3, 2016
* * * * * * * * * * * * *
*
STACEY G. WILLIAMS, *
*
Petitioner, * UNPUBLISHED
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount to Which
* Respondent Does Not Object
Respondent. *
*
* * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Justine Walters, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS' FEES AND COSTS1
On December 8, 2010, Stacey G. Williams (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program,2 alleging that she developed transverse myelitis,
multiple sclerosis, and debilitating neurological symptoms as a result of the influenza vaccine she
received on December 10, 2007. Alternatively, petitioner alleges that her underlying condition
was significantly aggravated by the influenza vaccine. On April 26, 2016, the parties filed a
stipulation in which they agreed to an award of compensation to petitioner. On April 27, 2016,
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, 44 U.S.C. § 3501 note (2012)(Federal Management and
Promotion of Electronic Government Services). 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 (2012) (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-00843-UNJ Document 93 Filed 12/14/16 Page 2 of 3
the undersigned issued a decision adopting the parties’ stipulation for an award. See Decision on
J. Stip., April 27, 2016.
On October 26, 2016, petitioner filed an application seeking $51,435.80 in attorneys’ fees
and $12,520.28 in attorneys’ costs, for a total sum of $63,956.08. Petitioner’s (“Pet.”) Application
(“App.”) at 6-7. The application included a statement confirming that petitioner has not personally
incurred any fees or costs while pursuing her claim, in accordance with General Order #9. Pet.
and Counsel Statement at 1. On November 3, 2016, respondent filed a response to petitioner’s
application, which states: “Respondent does not object to the overall amount sought, as it is not an
unreasonable amount to have been incurred for proceedings in this case to date. Respondent’s lack
of objection to the amount sought in this case should not be construed as admission, concession,
or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related
costs. Respondent’s (“Resp.”) Response at 1.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs under 42 U.S.C.
section 300aa-15(e); see also McCulloch v. Sec’y of Health & Human Servs., No. 09-293v, 2015
WL 5634323 (Fed. Cl. Spec. Mstr. Sept. 1, 2015) (concluding that an attorney’s appropriate hourly
rate depends, in part, on the prevailing rate for cases in the Vaccine Program; the particular
attorney’s overall experience, and his experience in the Vaccine program). Under McCulloch, an
attorney with 11-19 years of experience may reasonably request $300-375/ hour. A 3.7% increase
may be applied each year.
In this case, counsel obtained a favorable result for petitioner. The application for fees and
costs was well-prepared. Counsel of record, Ramon Rodriguez, is a board-certified primary care
physician. He began practicing law in 2002, began representing clients in the Vaccine Program in
March 2007, is the lead attorney in his firm’s Vaccine Injury Practice, and has served as a guest
lecturer on vaccine injury. Based on this Dr. Rodriguez can reasonably request the upper end of
McCulloch rates. He requested $375/ hour for 2015, when he had 13 years of legal experience.
Pet. App. at 6. He discounted his rate by 3.7% for each prior year and increased his rate by 3.7%
for 2016. Pet. App. at 5-6.
Based on the reasonableness of petitioner’s request and the lack of objection by respondent,
the undersigned GRANTS the request for approval and payment of attorneys’ fees and costs,
pursuant to 42 U.S.C. § 300 aa-15(e).
Attorneys’ fees and costs are awarded as follows:
1) A lump sum of $63,956.08 in the form of a check payable jointly to petitioner and
petitioner’s counsel of record, Ramon Rodriguez of Rawls, NcNelis and Mitchell,
P.C., for attorneys’ fees and costs.
2

Case 1:10-vv-00843-UNJ Document 93 Filed 12/14/16 Page 3 of 3
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment forthwith.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.
3