VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00222
Package ID: USCOURTS-cofc-1_12-vv-00222
Petitioner: Virginia Arlotta
Filed: 2012-04-05
Decided: 2015-04-24
Vaccine: influenza
Vaccination date: 2010-10-18
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Virginia Arlotta filed a petition on April 5, 2012, alleging that an influenza vaccination she received on October 18, 2010 caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months.

Respondent denied that the flu vaccination caused petitioner's GBS or any other injury. Nonetheless, both parties agreed in a stipulation filed November 5, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On March 31, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Gowen awarded $53,836.71, payable jointly to petitioner and her counsel, Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and $163.29, payable to petitioner alone, representing litigation costs she personally incurred.

Theory of causation field:
Flu Oct 18, 2010 → GBS. Stipulation Nov 5, 2014; respondent denied causation; SM Gowen. $50,000. Fees $53,836.71 + $163.29 personal costs = $54,000 (Homer, Conway Homer & Chin-Caplan, Boston MA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00222-0
Date issued/filed: 2014-12-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/06/2014) regarding 68 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. (Additional attachment(s) added on 12/4/2014: #1 Stip) (tjk). Modified on 7/9/2019 to include the attachment(s) in the main document for posting to the courts website(da).
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Case 1:12-vv-00222-UNJ Document 72 Filed 12/04/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-222V
Filed: November 6, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
VIRGINIA ARLOTTA, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barre Syndrome;
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Lara A. Englund, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On April 5, 2012, Virginia Arlotta (“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, as a result of receiving an influenza (“flu”) vaccine on October 18, 2010, she developed
Guillain-Barre Syndrome (“GBS”). Stipulation ¶ 2, 4, filed Nov. 5, 2014. Further, petitioner
alleged that she experienced residual effects of her injury for more than six months. Id. at ¶ 4.
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-00222-UNJ Document 72 Filed 12/04/14 Page 2 of 7
On November 5, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s GBS or any other injury or her current condition. Id. at ¶ 6. 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 stipulate that petitioner shall receive the following compensation:
A lump sum of $50,000.00, in the form of a check payable to petitioner, Virginia
Arlotta. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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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Case 1:12-vv-00222-UNJ Document 72 Filed 12/04/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00222-1
Date issued/filed: 2015-04-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/01/2015) regarding 76 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00222-UNJ Document 79 Filed 04/24/15 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 12-222V
Filed: April 1, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * *
VIRGINIA ARLOTTA, *
*
Petitioner, * Stipulation; Attorneys’ Fees & Costs
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Esq., Conway, Homer, and Chin-Caplan, Boston, MA for petitioner.
Lara Englund, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a Decision on November 6, 2014, adopting the parties’ stipulation for award. On March
31, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and costs.
Pursuant to General Order #9, petitioner also filed on March 27, 2015, a statement
indicating that she incurred costs related to the litigation of this matter in the amount of
$163.29.
The parties’ stipulation indicates that respondent does not object to the amended
amount of $53,836.71 that petitioner is requesting for attorneys’ fees and costs and
$163.29 in petitioner’s personal costs.
I find that this petition was brought in good faith and that there existed a
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:12-vv-00222-UNJ Document 79 Filed 04/24/15 Page 2 of 2
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, I hereby award a total of $54,000.00 in
attorneys’ fees & costs as follows:
• a lump sum of $53,836.71 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Ronald Homer, Esq., for
petitioner’s attorneys’ fees and costs.
• A lump sum of $163.29 in the form of a check payable to petitioner,
Virginia Arlotta, for petitioner’s personal costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2