VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00217
Package ID: USCOURTS-cofc-1_12-vv-00217
Petitioner: Beth Rolinger
Filed: 2014-04-22
Decided: 2014-04-22
Vaccine: influenza
Vaccination date: 2009-10-01
Condition: Chronic Inflammatory Demyelinating Polyneuropathy
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Petitioner Beth Rolinger filed a claim on April 22, 2014, alleging that she developed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of receiving an influenza vaccine on October 1, 2009. She further alleged that she suffered residual effects from this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's CIDP or any other condition. The parties subsequently reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation and awarded petitioner Beth Rolinger $60,000.00 in compensation for all damages. This award was to be paid as a check made payable to the petitioner. Later, on August 19, 2014, the parties filed a stipulation regarding attorneys' fees and costs. Petitioner asserted that she incurred no costs. After informal discussions where respondent raised objections to certain items in the initial application, petitioner amended her request to $19,000.00. Respondent did not object to this revised amount. Special Master Millman found the $19,000.00 amount to be reasonable and awarded it as reimbursement for attorneys' fees and costs. This award was to be paid as a check made payable jointly to petitioner Beth Rolinger and Maglio, Christopher & Toale, P.A. Petitioner was represented by Anne C. Toale, and respondent was represented by Justine E. Daigneault.

Theory of causation field:
Petitioner Beth Rolinger alleged that an influenza vaccine administered on October 1, 2009, caused her to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) and that she suffered residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding $60,000.00 for all damages. A subsequent stipulation addressed attorneys' fees and costs, resulting in an award of $19,000.00, payable jointly to the petitioner and her counsel, Maglio, Christopher & Toale, P.A. Petitioner's counsel was Anne C. Toale, and respondent's counsel was Justine E. Daigneault. The specific medical theory of causation and any expert testimony or evidence considered in the stipulation are not detailed in the provided public decision text.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_12-vv-00217-0
Date issued/filed: 2014-05-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/22/2014) regarding 46 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00217-UNJ Document 51 Filed 05/13/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-217V
Filed: April 22, 2014
Not for Publication
*************************************
BETH ROLINGER, *
* Damages decision based on stipulation;
Petitioner, * influenza vaccine; Chronic Inflammatory
* Demyelinating Polyneuropathy
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioner.
Justine E. Daigneault, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On April 21, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms.
Petitioner alleges that she suffered Chronic Inflammatory Demyelinating Polyneuropathy
(“CIDP”) that was caused by her October 1, 2009 receipt of influenza (“flu”) vaccine. Petitioner
further alleges that she suffered the residual effects of this injury for more than six months.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:12-vv-00217-UNJ Document 51 Filed 05/13/14 Page 2 of 7
Respondent denies that the flu vaccine caused petitioner to suffer from CIDP, any other injury, or
her current condition. Nonetheless, the parties agreed to resolve this matter informally.
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$60,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $60,000.00 made payable to
petitioner.
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.2
IT IS SO ORDERED.
Dated: April 22, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:12-vv-00217-UNJ Document 51 Filed 05/13/14 Page 3 of 7

Case 1:12-vv-00217-UNJ Document 51 Filed 05/13/14 Page 4 of 7

Case 1:12-vv-00217-UNJ Document 51 Filed 05/13/14 Page 5 of 7

Case 1:12-vv-00217-UNJ Document 51 Filed 05/13/14 Page 6 of 7

Case 1:12-vv-00217-UNJ Document 51 Filed 05/13/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_12-vv-00217-1
Date issued/filed: 2014-09-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/19/2014) regarding 53 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00217-UNJ Document 56 Filed 09/09/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-217V
Filed: August 19, 2014
Not for Publication
*************************************
BETH ROLINGER, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioner.
Justine E. Daigneault, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On August 19, 2014, the parties filed a stipulation of facts in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and
costs to respondent. During informal discussions, respondent raised objections to certain items in
petitioner’s application. Based on these objections, petitioner amends her application for
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:12-vv-00217-UNJ Document 56 Filed 09/09/14 Page 2 of 2
attorneys’ fees and costs to $19,000.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $19,000.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Maglio, Christopher & Toale, P.A., in the amount of
$19,000.00.
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.2
IT IS SO ORDERED.
Dated: August 19, 2014 s/ Laura D. Millman
by Nora Beth Dorsey
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2