VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00406
Package ID: USCOURTS-cofc-1_12-vv-00406
Petitioner: Lashell Moses-Batts
Filed: 2014-10-07
Decided: 2014-10-29
Vaccine: influenza
Vaccination date: 2009-09-09
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Lashell Moses-Batts filed a petition on October 7, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on or about September 9, 2009, she received a trivalent influenza vaccine and subsequently developed Guillain-Barré syndrome (GBS), experiencing residual effects for more than six months. The respondent denied that the flu vaccine caused Petitioner's GBS or any other injury, and also denied that Petitioner experienced residual effects for more than six months. Despite these denials, both parties agreed to settle the case through a stipulation filed on October 3, 2014. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the court's decision. Petitioner was awarded a lump sum of $75,000.00 for all damages. Subsequently, on October 16, 2014, the parties filed a second stipulation regarding attorneys' fees and costs. They agreed that Petitioner's counsel, Maglio Christopher and Toale, should receive $23,315.97. Special Master Corcoran approved this amount as reasonable and ordered judgment to be entered. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner was represented by Altom Maglio of Maglio Christopher and Toale, and later by Anne Toale of the same firm. Respondent was represented by Justine Daigneault of the U.S. Department of Justice.

Theory of causation field:
Petitioner Lashell Moses-Batts alleged that a trivalent influenza vaccine administered on or about September 9, 2009, caused her to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties settled the case via stipulation, with Special Master Brian H. Corcoran adopting the stipulation as his decision. Petitioner was awarded $75,000.00 for all damages. Attorneys' fees and costs of $23,315.97 were awarded jointly to Petitioner and her counsel, Anne Toale, on October 16, 2014. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_12-vv-00406-0
Date issued/filed: 2014-10-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/07/2014) regarding 39 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00406-UNJ Document 47 Filed 10/29/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-406V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
LASHELL MOSES-BATTS, * Filed: October 7, 2014
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”)
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Altom Maglio, Maglio Christopher and Toale, Sarasota, FL, for Petitioner.
Justine Daigneault, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On June 22, 2012, Lashell Moses-Batts filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving
the trivalent influenza (“flu”) vaccine on or about September 9, 2009 she suffered from Guillain-
Barré syndrome (“GBS”) and that she experienced the residual effects of this injury for more
than six months.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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 ruling will be available to the public.
Id.
2 The National Vaccine Injury Compensation Program comprises 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 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:12-vv-00406-UNJ Document 47 Filed 10/29/14 Page 2 of 7
Respondent denies that the flu immunization caused Petitioner’s GBS or any other injury
or her current condition, and denies that Petitioner experienced the residual effects of her injury
for more than six months. Nonetheless both parties, while maintaining their above-stated
positions, agreed in a stipulation (filed October 3, 2014) that the issues before them can be
settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms
set forth therein.
The stipulation awards:
 A lump sum of $75,000.00 in the form of a check payable to Petitioner. The
amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amounts set forth above to be made
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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

Case 1:12-vv-00406-UNJ Document 47 Filed 10/29/14 Page 3 of 7

Case 1:12-vv-00406-UNJ Document 47 Filed 10/29/14 Page 4 of 7

Case 1:12-vv-00406-UNJ Document 47 Filed 10/29/14 Page 5 of 7

Case 1:12-vv-00406-UNJ Document 47 Filed 10/29/14 Page 6 of 7

Case 1:12-vv-00406-UNJ Document 47 Filed 10/29/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_12-vv-00406-1
Date issued/filed: 2014-11-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/24/2014) regarding 44 DECISION Fees Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00406-UNJ Document 48 Filed 11/18/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-406V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
LASHELL MOSES-BATTS, *
* Filed: October 24, 2014
Petitioner, *
*
v. * Decision by Stipulation; Attorneys’
* Fees & Costs
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner.
Justine Daigneault, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On June 22, 2012, Lashell Moses-Batts filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 On October 3, 2014, the parties filed a
stipulation settling the case and detailing the amount to be awarded to Petitioner. I subsequently
issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner an
award as outlined by the stipulation.
1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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 ruling will be available to the public.
Id.
2 The National Vaccine Injury Compensation Program comprises 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 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:12-vv-00406-UNJ Document 48 Filed 11/18/14 Page 2 of 2
On October 16, 2014, the parties filed another stipulation, this time regarding attorneys’
fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of
$23,315.97, in the form of a check payable to Petitioner and Petitioner’s counsel. This amount
represents a sum to which Respondent does not object. In addition, and in compliance with
General Order #9, Petitioner has represented that she did not incur any reimbursable costs in
proceeding on this petition.
I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly,
an award of $23,315.97 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Anne Toale, Esq. 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2