VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00277
Package ID: USCOURTS-cofc-1_12-vv-00277
Petitioner: Greta Lowther
Filed: 2012-05-02
Decided: 2014-05-27
Vaccine: Tdap
Vaccination date: 2011-10-17
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Greta Lowther filed a petition on May 2, 2012, alleging that a tetanus, diphtheria and pertussis (Tdap) vaccination she received on October 17, 2011 caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months.

Respondent denied that the Tdap vaccine caused petitioner's GBS or any other injury. Nonetheless, both parties agreed in a joint stipulation filed April 8, 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 $66,633.55 representing a Vermont Medicaid lien, payable jointly to petitioner and Vermont DVHA/HP-Financial Services (which petitioner agreed to endorse to the state); and a lump sum of $125,000.00, representing compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a), payable to petitioner.

On May 5, 2014, the parties filed a stipulation for attorneys' fees and costs. Special Master Hamilton-Fieldman awarded $22,657.05, payable jointly to petitioner and her counsel, Anne Carrion Toale of Maglio, Christopher & Toale. Petitioner had not personally incurred any litigation costs.

Theory of causation field:
Tdap Oct 17, 2011 → GBS (Table vaccine). Joint stipulation Apr 8, 2014; respondent denied causation; SM Hamilton-Fieldman. $125,000 comp + $66,633.55 VT Medicaid lien (Vermont DVHA, Williston VT; petitioner endorses). Fees $22,657.05 (Anne Carrion Toale, Maglio Christopher Toale, Sarasota FL).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00277-0
Date issued/filed: 2014-04-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/08/2014) regarding 38 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00277-UNJ Document 39 Filed 04/29/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-277V
(E-Filed: April 8, 2014)
* * * * * * * * * * * * * * * * * * * * * * * * *
GRETA LOWTHER, * UNPUBLISHED
*
Petitioner, * Stipulation; Tdap Vaccine;
* Guillain-Barré Syndrome
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Sarasota, FL, for Petitioner
Gordon Shemin, Washington, DC, for Respondent
UNPUBLISHED DECISION1
On April 8, 2014, Respondent filed a joint stipulation concerning the petition for
compensation filed by Greta Lowther (Petitioner) on May 2, 2012. In her petition,
Petitioner alleged that the Tetanus, Diphtheria and Pertussis (Tdap) vaccine, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she
received on October 17, 2011, caused her to develop Guillain-Barré Syndrome (GBS).
Petitioner represents that she experienced the residual effects of this injury for more than
six months and there has been no prior award or settlement of a civil action for damages
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this order 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.” Vaccine Rule 18(b). Otherwise, “the entire”
order will be available to the public. Id.

Case 1:12-vv-00277-UNJ Document 39 Filed 04/29/14 Page 2 of 7
on behalf as a result of Ms. Lowther’s alleged vaccine-related injury or death. Stipulation
at ¶¶ 2, 4, 5.
Respondent denies that the Tdap vaccine caused Ms. Lowther to suffer GBS or
any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
8. a. A lump sum of $66,633.55, which represents reimbursement of a State
of Vermont Medicaid lien, in the form of a check payable jointly to
Petitioner and
DVHA
HP-Financial Services
P.O. Box 1645
Williston, VT 05495
Petitioner agrees to endorse this payment to the State; and
b. A lump sum payment of $125,000.00 in the form of a check
payable to Petitioner. This amount represents compensation for all
remaining damages that would be available under 42 U.S.C. § 300aa-
15(a).
Stipulation at ¶8.
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the
clerk is directed to enter judgment in case 12-277V according to this decision and the
attached stipulation.2
Any questions may be directed to my law clerk, Camille Collett, at (202) 357-
6361.
IT IS SO ORDERED.
s/Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of
Federal Claims judge.

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Case 1:12-vv-00277-UNJ Document 39 Filed 04/29/14 Page 5 of 7

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Case 1:12-vv-00277-UNJ Document 39 Filed 04/29/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_12-vv-00277-1
Date issued/filed: 2014-05-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/05/2014) regarding 43 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00277-UNJ Document 47 Filed 05/27/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-277V
(E-Filed: May 5, 2014)
* * * * * * * * * * * * * * *
GRETA LOWTHER, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Anne Toale, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.
Gordon Shemin, United States 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 April 8, 2014. On May 5, 2014, the parties filed a
stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation
requests a total payment of $22,657.05, representing attorneys’ fees and costs. Pursuant
to General Order #9, Petitioner stated that she has not incurred any costs in pursuit of this
claim.
1 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 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 1:12-vv-00277-UNJ Document 47 Filed 05/27/14 Page 2 of 2
I find 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, I hereby award the total $22,657.05, as a
lump sum in the form of a check payable jointly to Petitioner and Petitioner’s
counsel, Anne Carrion 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