VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00069
Package ID: USCOURTS-cofc-1_12-vv-00069
Petitioner: Linda Mullins
Filed: 2014-09-29
Decided: 2014-10-21
Vaccine: influenza
Vaccination date: 2012-11-02
Condition: myelitis
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Linda Mullins filed a petition on February 2, 2012, alleging that she suffered myelitis as a result of an influenza vaccine administered on November 2, 2012, and experienced residual effects for more than six months. The respondent denied that the flu vaccine caused her myelitis or any other injury. However, the parties filed a joint stipulation for damages, which Special Master Nora Beth Dorsey found reasonable. The stipulation awarded Linda Mullins $35,000.00 as compensation for all damages. Petitioner was represented by Michael G. McLaren of Black McLaren Jones Ryland & Griffee, PC, and respondent was represented by Lara Ann Englund of the United States Department of Justice. A subsequent decision on December 1, 2014, awarded $38,500.00 for attorneys' fees and costs, jointly payable to the petitioner and her attorney, Michael G. McLaren. Judgment was entered in accordance with the parties' stipulations.

Theory of causation field:
Petitioner Linda Mullins alleged that she suffered myelitis as a result of an influenza vaccine administered on November 2, 2012, and experienced residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, which Special Master Nora Beth Dorsey found reasonable and adopted as the decision of the Court. The stipulation awarded petitioner $35,000.00 for all damages. A subsequent stipulation addressed attorneys' fees and costs, resulting in an additional award of $38,500.00, jointly payable to petitioner and her attorney, Michael G. McLaren. The public decision does not describe the specific medical mechanism, onset, symptoms, diagnostic tests, or treatments related to the alleged myelitis. No experts were named in the public decision. The theory of causation is unclear from the provided text, as the case was resolved by stipulation.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_12-vv-00069-0
Date issued/filed: 2014-10-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/29/2014) regarding 47 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00069-UNJ Document 53 Filed 10/21/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-69V
Filed: September 29, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
LINDA MULLINS, *
* Special Master Dorsey
Petitioner, *
*
v. * Joint Stipulation on Damages;
* Influenza (Flu) Vaccine; Myelitis
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, PC, for petitioner.
Lara Ann Englund, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On February 2, 2012, Linda Mullins (“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 myelitis as a result of an influenza vaccine that was
administered to her on November 2, 2012. See Petition at 1-6. Petitioner further alleged that she
experienced the residual effects of these injuries for more than six months. Id.
On September 29, 2014, the parties filed a stipulation, stating that a decision should be
entered awarding compensation.
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 1:12-vv-00069-UNJ Document 53 Filed 10/21/14 Page 2 of 7
Respondent denies that the flu vaccine is the cause of petitioner’s myelitis or any other
injury or her current condition. 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 $35,000.00, 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

Case 1:12-vv-00069-UNJ Document 53 Filed 10/21/14 Page 3 of 7

Case 1:12-vv-00069-UNJ Document 53 Filed 10/21/14 Page 4 of 7

Case 1:12-vv-00069-UNJ Document 53 Filed 10/21/14 Page 5 of 7

Case 1:12-vv-00069-UNJ Document 53 Filed 10/21/14 Page 6 of 7

Case 1:12-vv-00069-UNJ Document 53 Filed 10/21/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_12-vv-00069-1
Date issued/filed: 2014-12-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/07/2014) regarding 56 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00069-UNJ Document 60 Filed 12/01/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 7, 2014
* * * * * * * * * * * * * * UNPUBLISHED
LINDA MULLINS, * No. 12-69V
*
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. *
*
* * * * * * * * * * * * *
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, PC, Memphis, TN, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On February 2, 2012, Linda Mullins (“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 myelitis as a result of receiving an influenza (flu) vaccine on
November 2, 2012. See Petition at 1-6. On September 29, 2014, a decision was entered based
on the parties’ stipulation awarding compensation to petitioner.
On November 7, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
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 1:12-vv-00069-UNJ Document 60 Filed 12/01/14 Page 2 of 2
attorneys’ fees and costs in the amount of $38,500.00. In accordance with General Order #9,
petitioner’s counsel represents that petitioner did not personally advance any reimbursable 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 the parties’ stipulation, 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, Michael
G. McLaren, of the law firm Black McLaren Jones Ryland & Griffee, PC, in the amount
of $38,500.00.
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