VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00550
Package ID: USCOURTS-cofc-1_11-vv-00550
Petitioner: Keith M. Abbott
Filed: 2011-08-30
Decided: 2015-05-06
Vaccine: influenza
Vaccination date: 2008-09-08
Condition: neuromuscular symptoms and/or fibromyalgia
Outcome: compensated
Award amount USD: 250000

AI-assisted case summary:
Keith M. Abbott filed a petition on August 30, 2011, alleging that an influenza vaccination he received on September 8, 2008 caused him to develop neuromuscular symptoms and/or fibromyalgia, with residual effects lasting more than six months.

On October 2, 2014, respondent filed a joint stipulation. Respondent denied that petitioner's neuromuscular symptoms, fibromyalgia, or any other condition was caused by his flu vaccination. Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $250,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On April 10, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Moran awarded $80,850.00, payable jointly to petitioner and his counsel, Ramon Rodriguez III, of Rawls, McNelis & Mitchell, P.C. An additional $52.25 was awarded directly to petitioner for personal litigation expenses he had incurred.

Theory of causation field:
Flu Sep 8, 2008 → neuromuscular symptoms and/or fibromyalgia. Joint stipulation Oct 2, 2014; respondent denied causation; SM Moran. $250,000. Fees $80,850 + $52.25 personal costs (SM Moran April 14, 2015). decision_date corrected: '2014-10-03'→'2015-05-06' (granule 1 date_issued; DB had SM signed date).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00550-0
Date issued/filed: 2014-10-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/03/2014) regarding 65 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:11-vv-00550-UNJ Document 69 Filed 10/28/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
KEITH M. ABBOTT, * No. 11-550V
Petitioner, * Special Master Moran
*
v. * Filed: October 3, 2014
*
SECRETARY OF HEALTH * Stipulation; Influenza (“flu”) vaccine;
AND HUMAN SERVICES, * neuromuscular symptoms and/or
Respondent. * fibromyalgia
* * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis & Mitchell, P.C., Richmond, VA, for
Petitioner;
Debra Begley, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On October 2, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Keith Abbott on August 30, 2011. In his
petition, Mr. Abbott alleged that the influenza (“flu”) vaccine, which is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he
received on September 8, 2008, caused him to develop neuromuscular symptoms
and/or fibromyalgia. Petitioner further alleges that he experienced the residual
effects of these injuries for more than six months. Petitioner represents that there
has been no prior award or settlement of a civil action for damages on his behalf as
a result of his condition.
Respondent denies petitioner’s neuromuscular symptoms and/or
fibromyalgia, or any other condition, was caused-in-fact by his flu vaccination.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:11-vv-00550-UNJ Document 69 Filed 10/28/14 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $250,000.00 in the form of a check payable to petitioner,
Keith Abbott. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 11-550V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

CCaassee 11::1111--vvvv--0000555500--UUNNJJ DDooccuummeenntt 6649 FFiilleedd 1100//0228//1144 PPaaggee 13 ooff 57

CCaassee 11::1111--vvvv--0000555500--UUNNJJ DDooccuummeenntt 6649 FFiilleedd 1100//0228//1144 PPaaggee 24 ooff 57

CCaassee 11::1111--vvvv--0000555500--UUNNJJ DDooccuummeenntt 6649 FFiilleedd 1100//0228//1144 PPaaggee 35 ooff 57

CCaassee 11::1111--vvvv--0000555500--UUNNJJ DDooccuummeenntt 6649 FFiilleedd 1100//0228//1144 PPaaggee 46 ooff 57

CCaassee 11::1111--vvvv--0000555500--UUNNJJ DDooccuummeenntt 6649 FFiilleedd 1100//0228//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00550-1
Date issued/filed: 2015-05-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/14/2015) regarding 71 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:11-vv-00550-UNJ Document 74 Filed 05/06/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
KEITH M. ABBOTT, * No. 11-550V
*
Petitioner, * Special Master Moran
*
v. * Filed: April 14, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis & Mitchell, P.C., Richmond, VA, for
Petitioner;
Debra Begley, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On April 10, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended his
application to request $80,850.00, an amount to which respondent does not object.
The Court awards this amount.
On August 30, 2011, Keith Abbott filed a petition for compensation alleging
that the influenza (“flu”) vaccine, which he received on September 8, 2008, caused
him to develop neuromuscular symptoms and/or fibromyalgia. Petitioner received
compensation based upon the parties’ stipulation. Decision, issued Oct. 3, 2014.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:11-vv-00550-UNJ Document 74 Filed 05/06/15 Page 2 of 2
Because petitioner received compensation, he is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $80,850.00, in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred $52.25, in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $80,850.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Ramon Rodriguez, III, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $52.25, payable to petitioner, Keith M. Abbott, for
costs he incurred in pursuit of his petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2