{"package_id":"USCOURTS-cofc-1_11-vv-00077","decision_granule_id":"USCOURTS-cofc-1_11-vv-00077-1","petitioner_identifier":"Sherril K. Stillwell","is_minor":0,"age_at_vaccination":53.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2008-02-22","condition_raw":"acute demyelinating encephalomyelitis (ADEM)","condition_category":"encephalitis_encephalopathy","autism_spectrum_adjacent":0,"outcome":"denied","award_amount_usd":null,"decision_date":"2015-08-03","extraction_version":"gemini-v2","extracted_at":"2026-04-30T04:36:47.849822+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":28,"theory_of_causation":"Flu vaccine Feb 22, 2008 → alleged ADEM variant (subacute onset). Chief SM Campbell-Smith June 17, 2013: DENIED (Lombardi/Broekelschen: failed to prove ADEM on 6 grounds; Althen also failed in abundance of caution). CFC Judge Block Aug 21, 2014: affirmed. Fed. Cir. June 15, 2015: affirmed without opinion. Final fees $57,370.99 (SM Hamilton-Fieldman July 10, 2015). outcome corrected: 'compensated' → 'denied'. award corrected: 57370 → NULL (was fees; no comp awarded).","is_death":0,"date_of_death":null,"petition_filed_date":"2011-02-07","case_summary":"Sherril K. Stillwell filed a petition on February 7, 2011, alleging that an influenza vaccination she received on February 22, 2008 caused her to develop encephalomyelitis, specifically a subacute variant of acute disseminated encephalomyelitis (ADEM) as characterized by her expert, Dr. Marcel Kinsbourne.\n\nAfter an evidentiary hearing, Chief Special Master Campbell-Smith denied compensation on June 17, 2013, applying the Lombardi/Broekelschen injury-first framework. The Chief SM found that petitioner failed to prove by a preponderance of the evidence that she had ADEM, citing six factors: (1) petitioner was in her mid-50s, whereas ADEM primarily afflicts children and young adults; (2) none of her numerous treating physicians diagnosed her with ADEM; (3) the appearance of her brain lesion was inconclusive; (4) her symptom onset was atypically slow and protracted rather than acute; (5) her symptom severity was inconsistent with typical ADEM presentation; and (6) her prolonged clinical course with limited recovery was inconsistent with ADEM, which typically reaches a nadir and then substantially resolves. Because petitioner's ADEM diagnosis was a necessary component of her causation theory, failure to establish the injury was fatal to her claim. In an abundance of caution, the Chief SM also evaluated the Althen causation prongs and found them unsatisfied.\n\nPetitioner sought review. On August 21, 2014, Judge Block of the Court of Federal Claims affirmed the Chief SM's decision on both grounds: the Lombardi standard was correctly applied, and the factual findings were not arbitrary or capricious. Petitioner appealed to the United States Court of Appeals for the Federal Circuit, which affirmed without opinion on June 15, 2015.\n\nInterim attorneys' fees of $97,500.00 were awarded on June 21, 2013. Following final proceedings, Special Master Hamilton-Fieldman awarded final fees and costs of $57,370.99 ($54,875.00 in fees and $2,495.99 in costs), payable jointly to petitioner and her counsel, Sol P. Ajalat, on July 10, 2015. The petition was found to have been brought in good faith and upon a reasonable basis.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Lisa D. Hamilton-Fieldman","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Sol P. Ajalat","petitioner_attorney_firm":"Ajalat & Ajalat","petitioner_attorney_location":"North Hollywood, CA","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|sol-ajalat|","firm_canonical_key":"ajalat-and-ajalat","package_title":"STILLWELL v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00077","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00077.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00077.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_11-vv-00077-cl-extra-2673439","title":"Sherril K. Stillwell v. Secretary of Health and Human Services","docket_text":"Supplementary opinion from CourtListener cluster 2673439","date_issued":"2013-06-17","pdf_url":null,"pdf_bytes":null,"triage_decision":"keep","triage_reason":"CL supplement: Sherril K. Stillwell v. Secretary of Health and Human Servic","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_11-vv-00077/USCOURTS-cofc-1_11-vv-00077-cl-extra-2673439"},{"granule_id":"USCOURTS-cofc-1_11-vv-00077-0","title":"STILLWELL v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"REISSUED, REPORTED VACCINE OPINION--Filed this date. Signed by Judge Lawrence J. Block. (smm)","date_issued":"2014-09-05","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_11-vv-00077/granules/USCOURTS-cofc-1_11-vv-00077-0/pdf","pdf_bytes":366668,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'opinion'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_11-vv-00077/USCOURTS-cofc-1_11-vv-00077-0"},{"granule_id":"USCOURTS-cofc-1_11-vv-00077-1","title":"STILLWELL v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 07/10/2015) regarding 52 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.","date_issued":"2015-08-03","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_11-vv-00077/granules/USCOURTS-cofc-1_11-vv-00077-1/pdf","pdf_bytes":255689,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'stipulation'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_11-vv-00077/USCOURTS-cofc-1_11-vv-00077-1"}]}