VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00626
Package ID: USCOURTS-cofc-1_11-vv-00626
Petitioner: Diane M. James
Filed: 2011-09-30
Decided: 2015-05-13
Vaccine: trivalent influenza (flu)
Vaccination date: 2008-10-01
Condition: myalgia, arthralgia, and/or fibromyalgia
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Diane M. James filed a petition on September 30, 2011, alleging that a trivalent influenza vaccination she received on October 1, 2008 caused her to develop permanent myalgia, arthralgia, and/or fibromyalgia, with residual effects lasting more than six months. In the alternative, petitioner alleged significant aggravation of a pre-existing condition.

On September 23, 2014, the parties filed a joint stipulation. Respondent denied that the flu vaccination caused petitioner's alleged myalgia, arthralgia, and/or fibromyalgia, or any other condition, whether through direct causation or significant aggravation. Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $90,000.00, 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 Dorsey awarded $68,000.00, payable jointly to petitioner and her counsel, Ramon Rodriguez III of Rawls, McNelis and Mitchell, P.C. Petitioner did not personally incur any costs in litigating this case.

Theory of causation field:
Flu (trivalent) Oct 1, 2008 → myalgia/arthralgia/fibromyalgia (or significant aggravation). Joint stipulation Sept 23, 2014; respondent denied causation; SM Dorsey. $90,000. Fees $68,000 (Rodriguez, Rawls McNelis Mitchell). decision_date corrected: '2014-10-16'→'2015-05-13' (granule 1 date_issued; DB had damages decision date).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00626-0
Date issued/filed: 2014-10-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/23/2014) regarding 57 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:11-vv-00626-UNJ Document 61 Filed 10/16/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-626V
Filed: September 23, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
DIANE M. JAMES, *
* Special Master Dorsey
Petitioner, *
* Joint Stipulation on Damages;
v. * Trivalent Influenza (Flu) Vaccine;
* Myalgia, Arthralgia, Fibromyalgia.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On September 30, 2011, Diane M. James (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleges that she suffered permanent myalgia, arthralgia, and/or fibromyalgia that were
caused in fact by the trivalent influenza (“flu”) vaccine administered to her on October 1, 2008.
See Petition at 1. In the alternative, petitioner has proposed a significant aggravation claim.
Petitioner further alleges that she has experienced the residual effects of these injuries for more
than six months.
On September 23, 2014, the parties filed a stipulation, stating that a decision should be
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, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 (2006) (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 1:11-vv-00626-UNJ Document 61 Filed 10/16/14 Page 2 of 7
entered awarding compensation.
Respondent denies that petitioner’s alleged myalgia, arthralgia, and/or fibromyalgia, or
any other condition, was caused in fact or significantly aggravated by her flu vaccination.
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 stipulated that petitioner shall receive the following compensation:
A lump sum of $90,000.00, 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).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
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_11-vv-00626-1
Date issued/filed: 2015-05-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/13/2015) regarding 64 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:11-vv-00626-UNJ Document 67 Filed 05/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 13, 2015
* * * * * * * * * * * * * * UNPUBLISHED
DIANE M. JAMES, * No. 11-626V
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On September 30, 2011, Diane M. James (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that she suffered permanent myalgia, arthralgia, and/or fibromyalgia that were
caused in fact by the trivalent influenza (flu) vaccine administered to her on October 1, 2008.
See Petition at 1. On September 23, 2014, the undersigned entered a decision awarding
compensation to petitioner based on a stipulation filed by the parties.
On April 10, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire decision will be available to the
public. Id.
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 (2006) (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 1:11-vv-00626-UNJ Document 67 Filed 05/13/15 Page 2 of 2
and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $68,000.00. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not personally incur any costs in pursuit of her
claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, Ramon
Rodriguez III, in the amount of $68,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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