VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00171
Package ID: USCOURTS-cofc-1_11-vv-00171
Petitioner: Kamali Saminathan
Filed: 2014-05-27
Decided: 2014-10-23
Vaccine: influenza
Vaccination date: 2008-10-25
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 1637562

AI-assisted case summary:
Kamali Saminathan filed a petition on May 27, 2014, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving a trivalent influenza vaccine on October 25, 2008. She further alleged that she suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused GBS or any other injury, and also denied that petitioner's current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding compensation. The award included a lump sum of $1,531,906.58, which represented $31,906.58 for first-year life care expenses and $1,500,000.00 for combined lost earnings, pain and suffering, and past unreimbursable expenses. The award also included an amount sufficient to purchase an annuity contract. Separately, on October 23, 2014, Special Master Millman issued a decision awarding attorneys' fees and costs. This award, based on a stipulation between the parties, totaled $105,656.21, payable jointly to petitioner Kamali Saminathan and the Law Offices of Jay A. Bansal. Petitioner was represented by Jay A. Bansal, and respondent was represented by Glenn A. MacLeod.

Theory of causation field:
Petitioner Kamali Saminathan alleged that her October 25, 2008, trivalent influenza vaccine caused Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation and sequelae. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation. The public decision does not describe the specific medical experts, clinical details of the alleged injury onset and progression, diagnostic tests, treatments, or the precise mechanism of causation. The award was based on a stipulation, not a finding of causation after litigation. The total award was $1,531,906.58 for damages, plus an amount for an annuity, and $105,656.21 for attorneys' fees and costs. The decision date for damages was May 27, 2014, and for attorneys' fees and costs was October 23, 2014. Petitioner's counsel was Jay A. Bansal, and respondent's counsel was Glenn A. MacLeod.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00171-0
Date issued/filed: 2014-06-24
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 05/27/2014) regarding 61 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00171-UNJ Document 69 Filed 06/24/14 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-171V
Filed: May 27, 2014
Not for Publication
*************************************
KAMALI SAMINATHAN, *
*
Petitioner, * Damages decision based on stipulation;
* influenza vaccine; Guillain-Barré Syndrome
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jay A. Bansal, Tempe, AZ, for petitioner.
Glenn A. MacLeod, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On May 27, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that she suffered Guillain-Barré
Syndrome (“GBS”) that was caused by her October 25, 2008 receipt of trivalent influenza (“flu”)
vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more
than six months. Respondent denies that the flu vaccine caused petitioner to suffer GBS or any
other injury. Respondent further denies that petitioner’s current disabilities are sequelae of a
vaccine-related injury. Nonetheless, the parties agreed to resolve this matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master's action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:11-vv-00171-UNJ Document 69 Filed 06/24/14 Page 2 of 9
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards:
a. a lump sum of $1,531,906.58, representing compensation for first year life care expenses
($31,906.58) and combined lost earnings, pain and suffering, and past unreimbursable
expenses ($1,500,000.00). The award shall be in the form of a check for $1,531,906.58
made payable to petitioner; and
b. an amount sufficient to purchase the annuity contract described in paragraph 10 of the
attached stipulation. The award shall be in the form of a check payable to the life
insurance company from which the annuity will be purchased.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: May 27, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00171-1
Date issued/filed: 2014-11-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/23/2014) regarding 71 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:11-vv-00171-UNJ Document 75 Filed 11/13/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-171V
Filed: October 23, 2014
Not for Publication
*************************************
KAMALI SAMINATHAN, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jay A. Bansal, Tempe, AZ, for petitioner.
Glenn A. MacLeod, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On October 23, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and
costs to respondent. During informal discussions, respondent raised objections to certain items in
petitioner’s application. Based on these objections, petitioner amends her application for
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:11-vv-00171-UNJ Document 75 Filed 11/13/14 Page 2 of 2
attorneys’ fees and costs to $105,656.21. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $105,656.21,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and the Law Offices of Jay A. Bansal in the amount of
$105,656.21.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: October 23, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2