VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00599
Package ID: USCOURTS-cofc-1_11-vv-00599
Petitioner: Gabrielle Inscho
Filed: 2011-09-19
Decided: 2015-07-01
Vaccine: flu mist
Vaccination date: 2008-09-22
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 972127

AI-assisted case summary:
On September 19, 2011, Frederick and Sherri Inscho, as legal representatives of their minor daughter Gabrielle Inscho, filed a petition for compensation. They alleged that Gabrielle received a flu mist vaccine on or about September 22, 2008, which caused her to develop transverse myelitis, a condition listed on the Vaccine Injury Table. The petition further stated that Gabrielle experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that Gabrielle suffered transverse myelitis or any other injury as a result of the immunization. Despite the respondent's denial, the parties reached a joint stipulation for compensation, which was filed on June 3, 2015. Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded a total of $972,127.02 in damages. This amount included a lump sum of $829,128.65 for first-year life care expenses and trust seed funds, payable to Regions Bank as trustee. Another lump sum of $518,799.39 was awarded for partial lost future earnings and pain and suffering, payable to the petitioners as guardian(s)/conservator(s) of Gabrielle's estate, contingent upon documentation of their appointment. A lump sum of $224,362.03 was awarded to reimburse a state lien for services rendered on behalf of Gabrielle, payable jointly to the petitioners and the Treasurer, State of Ohio. Additionally, an amount sufficient to purchase an annuity contract was awarded, payable to a qualified life insurance company. The decision noted that the life insurance company must meet specific financial and rating requirements. On July 21, 2015, the parties filed a stipulation of fact concerning attorneys' fees and costs. Petitioners had initially submitted a draft application for fees and costs, to which the respondent raised objections. Following discussions, petitioners amended their application to request $63,000.00, an amount to which the respondent did not object. On September 10, 2015, Special Master Christian J. Moran awarded this amount of $63,000.00 in the form of a check payable to the petitioners and their attorney, Stephen P. O’Keefe of The O’Keefe Firm, for attorneys' fees and other litigation costs.

Theory of causation field:
Petitioners alleged that the flu mist vaccine administered on or about September 22, 2008, caused Gabrielle Inscho to develop transverse myelitis, a condition listed on the Vaccine Injury Table, with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, or treatments. The theory of causation is based on the Vaccine Injury Table. The total award was $972,127.02, with an additional $63,000.00 awarded for attorneys' fees and costs. The decision was issued on July 1, 2015, with the fees decision on September 10, 2015. Petitioners' counsel was Stephen P. O’Keefe of Gibson & O’Keefe Co., LPA (later The O’Keefe Firm), and respondent's counsel was Heather L. Pearlman of the United States Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00599-0
Date issued/filed: 2015-07-01
Pages: 13
Docket text: PUBLIC DECISION (Originally filed: 06/05/2015) regarding 66 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:11-vv-00599-UNJ Document 70 Filed 07/01/15 Page 1 of 13
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
FREDERICK INSCHO and SHERRI *
INSCHO, legal representatives of a minor * No. 11-599V
child, GABRIELLE INSCHO, * Special Master Christian J. Moran
*
Petitioners, * Filed: June 5, 2015
*
v. * Stipulation; flu mist vaccine;
* transverse myelitis.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Stephen P. O’Keefe, Gibson & O’Keefe Co., LPA, Centerville, OH, for Petitioners;
Heather L Pearlman, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On June 3, 2015, respondent filed a joint stipulation concerning the petition for
compensation filed by Frederick and Sherri Inscho, on behalf of their daughter,
Gabrielle Inscho, on September 19, 2011. In their petition, the Inschos alleged that
the flu mist vaccine which Gabrielle received on or about September 22, 2008, which
is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused
her to develop transverse myelitis. Petitioners further allege that Gabrielle
experienced the residual effects of her injury for more than six months. Petitioners
represent that there has been no prior award or settlement of a civil action for
damages on behalf of Gabrielle as a result of her condition.
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.
1

Case 1:11-vv-00599-UNJ Document 70 Filed 07/01/15 Page 2 of 13
Respondent denies that Gabrielle suffered transverse myelitis or any other
injury as a result of her immunization.
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. A lump sum of $829,128.65, which amount represents compensation for
first year life care expenses ($342,560.65) and trust seed funds
($486,568.00), in the form of a check payable to Regions Bank, as
trustee of the grantor reversionary trust established for the benefit of
Gabrielle Inscho;
b. A lump sum of $518,799.39, which amount represents compensation for
partial lost future earnings ($393,799.39) and pain and suffering
($125,000.00), in the form of a check payable to petitioners as
guardian(s)/conservator(s) of the estate of Gabrielle Inscho for the
benefit of Gabrielle Inscho. No payments shall be made until
petitioners provide respondent with documentation establishing that
they have been appointed as the guardian(s)/conservator(s) of Gabrielle
Inscho’s estate;
c. A lump sum of $224,362.03, which amount represents reimbursement
of a lien for services rendered on behalf of Gabrielle, in the form of a
check payable jointly to petitioners and;
Treasurer, State of Ohio
350 Worthington Rd., Suite G
Westerville, Ohio 43082
Attn: Jaime L. Hall
Case Number: 996592
d. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the stipulation attached hereto as “Appendix A,” paid
2

Case 1:11-vv-00599-UNJ Document 70 Filed 07/01/15 Page 3 of 13
to the life insurance company from which the annuity will be purchased
(the "Life Insurance Company").2
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the
clerk is directed to enter judgment in case 11-599V according to this decision and the
attached stipulation.3
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 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one
of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
3 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.
3

CCaassee 11::1111--vvvv--0000559999--UUNNJJ DDooccuummeenntt 6750 FFiilleedd 0067//0031//1155 PPaaggee 14 ooff 1103

CCaassee 11::1111--vvvv--0000559999--UUNNJJ DDooccuummeenntt 6750 FFiilleedd 0067//0031//1155 PPaaggee 25 ooff 1103

CCaassee 11::1111--vvvv--0000559999--UUNNJJ DDooccuummeenntt 6750 FFiilleedd 0067//0031//1155 PPaaggee 36 ooff 1103

CCaassee 11::1111--vvvv--0000559999--UUNNJJ DDooccuummeenntt 6750 FFiilleedd 0067//0031//1155 PPaaggee 47 ooff 1103

CCaassee 11::1111--vvvv--0000559999--UUNNJJ DDooccuummeenntt 6750 FFiilleedd 0067//0031//1155 PPaaggee 58 ooff 1103

CCaassee 11::1111--vvvv--0000559999--UUNNJJ DDooccuummeenntt 6750 FFiilleedd 0067//0031//1155 PPaaggee 69 ooff 1103

CCaassee 1 1:1:111--vvvv--0000559999--UUNNJJ D Dooccuummeennt t7 605 F Filieledd 0 076/0/013/1/155 P Paaggee 1 70 o of f1 103

CCaassee 1 1:1:111--vvvv--0000559999--UUNNJJ D Dooccuummeennt t7 605 F Filieledd 0 076/0/013/1/155 P Paaggee 1 81 o of f1 103

CCaassee 1 1:1:111--vvvv--0000559999--UUNNJJ D Dooccuummeennt t7 605 F Filieledd 0 076/0/013/1/155 P Paaggee 1 92 o of f1 103

CCaassee 11::1111--vvvv--0000559999--UUNNJJ DDooccuummeenntt 6750 FFiilleedd 0067//0031//1155 PPaaggee 1103 ooff 1103

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00599-1
Date issued/filed: 2015-09-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/27/2015) regarding 73 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:11-vv-00599-UNJ Document 76 Filed 09/10/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
FREDERICK INSCHO and SHERRI *
INSCHO, legal representatives of a minor * No. 11-599V
child, GABRIELLE INSCHO, * Special Master Christian J. Moran
*
Petitioners, * Filed: July 27, 2015
*
v. * Attorneys’ fees and costs; award in
* the amount to which respondent
SECRETARY OF HEALTH * does not object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Stephen P. O’Keefe, The O’Keefe Firm, Dayton, OH, for Petitioners;
Heather L. Pearlman, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On July 21, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioners
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioners’ application, respondent raised objections to
certain items. Based on subsequent discussions, petitioners amended their application
to request $63,000.00, an amount to which respondent does not object. The Court
awards this amount.
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 ruling 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.
1

Case 1:11-vv-00599-UNJ Document 76 Filed 09/10/15 Page 2 of 2
On September 19, 2011, Frederick and Sherri Inscho filed a petition for
compensation on behalf of their daughter, Gabrielle Inscho, alleging that the flu mist
vaccine, which Gabrielle received on or about September 22, 2008, caused her to
develop transverse myelitis. Petitioners received compensation based upon the
parties’ stipulation. Decision, issued June 5, 2015. Because petitioners received
compensation, they are entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
Petitioners seeks a total of $63,000.00 in attorneys’ fees and costs. In
compliance with General Order No. 9, petitioners state that they have incurred no
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 lump sum of $63,000.00 in the form of a check made payable to
petitioners and petitioners’ attorney, Stephen P. O’Keefe, of The
O’Keefe Firm, for attorneys’ fees and other litigation costs available
under 42 U.S.C. § 300aa-15(e).
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