VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00810
Package ID: USCOURTS-cofc-1_11-vv-00810
Petitioner: Lynn Fry, as Personal Representative of Virginia Taylor, deceased
Filed: 2011-12-02
Decided: 2014-09-09
Vaccine: influenza
Vaccination date: 2009-10-13
Condition: Transverse Myelitis (“TM”), Acute Disseminated Encephalomyelitis (“ADEM”), and death
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Lynn Fry, as Personal Representative of Virginia Taylor, deceased, filed a petition on December 2, 2011, alleging that an influenza vaccination Virginia Taylor received on October 13, 2009 caused her to develop transverse myelitis (TM) and acute disseminated encephalomyelitis (ADEM), and that she subsequently died as a result.

Respondent denied that the influenza vaccination caused Virginia Taylor's TM, ADEM, death, or any other injury. Nonetheless, both parties agreed in a stipulation filed August 12, 2014 to settle the case. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $45,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a).

On August 18, 2014, the parties filed a stipulation for attorneys' fees and costs, and Special Master Hamilton-Fieldman awarded $22,500.00, payable jointly to petitioner and her counsel, Anne C. Toale of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any costs in pursuit of the claim.

Theory of causation field:
Flu Oct 13, 2009 → TM + ADEM + death (Virginia Taylor). Stipulation Aug 12, 2014; respondent denied causation; SM Hamilton-Fieldman. $45,000. Fees $22,500 (Toale, Maglio Christopher Toale). decision_date corrected: '2014-08-12'→'2014-09-09' (granule 1 date_issued; DB had E-Filed date of damages decision).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00810-0
Date issued/filed: 2014-09-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/12/2014) regarding 51 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:11-vv-00810-UNJ Document 59 Filed 09/05/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-810V
(E-Filed: August 12, 2014)
* * * * * * * * * * * * * * *
LYNN FRY, as Personal Representative * UNPUBLISHED
of VIRGINIA TAYLOR, deceased, *
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Influenza Vaccine; Transverse
SECRETARY OF HEALTH AND * Myelitis (“TM”); Acute Disseminated
HUMAN SERVICES, * Encephalomyelitis (“ADEM”); Death;
* Decision; Stipulation.
Respondent. *
* * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Linda S. Renzi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 2, 2011, Petitioner, Lynn Fry, personal representative of Virginia
Taylor, deceased, filed a petition seeking compensation under the National Vaccine
Injury Compensation Program (Athe Vaccine Program@). The petition alleged that Ms.
Taylor suffered from Transverse Myelitis (“TM”), Acute Disseminated
Encephalomyelitis (“ADEM”), and death, as a result of receiving an influenza
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 United States
Court of Federal Claims’ website, 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.” Otherwise, “the entire” decision will be available to
the public. Id.
1

Case 1:11-vv-00810-UNJ Document 59 Filed 09/05/14 Page 2 of 7
vaccination on October 13, 2009.2
Respondent denies that Petitioner’s influenza vaccination caused her TM, ADEM,
death, and/or any other injury. Nonetheless, both parties, while maintaining their above
stated positions, agreed in a Stipulation, filed August 12, 2014, (“Stipulation”) that the
issues before them can be settled and that a decision should be entered awarding
Petitioner compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $45,000.00 in the form of a check payable to Petitioner,
representing all damages available under 42 U.S.C. §300aa-15(a) to which
Petitioner would be entitled.
Stipulation ¶ 8(a)
The undersigned approves the requested amounts for Petitioner’s compensation.
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.3
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
(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.
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-00810-1
Date issued/filed: 2014-09-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/19/2014) regarding 54 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:11-vv-00810-UNJ Document 60 Filed 09/09/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-810V
(E-Filed: August 19, 2014)
* * * * * * * * * * * * * * *
LYNN FRY, as Personal Representative * UNPUBLISHED
of the Estate of VIRGINIA TAYLOR, *
deceased, *
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Anne C. Toale, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.
Linda S. Renzi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the
undersigned issued a decision on August 12, 2014. On August 18, 2014, the parties filed
a Stipulation for Attorneys’ Fees and Costs. This stipulation requests a total payment of
$22,500.00, representing total attorneys’ fees and costs. Pursuant to General Order #9,
the stipulation reflects that Petitioner has not incurred costs in pursuit of her claim.
1 The undersigned intends to post this unpublished decision on the United States
Court of Federal Claims’ website, 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 trade
secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:11-vv-00810-UNJ Document 60 Filed 09/09/14 Page 2 of 2
The undersigned finds that this petition was brought in good faith and that there
existed a reasonable basis for the claim. Therefore, an award for fees and costs is
appropriate, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed
amount seems reasonable and appropriate. Accordingly, the undersigned hereby
awards the amount of $22,500.00, in the form of a check made payable jointly to
Petitioner and Petitioner’s counsel, Anne C. Toale, Esq.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2