VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00418
Package ID: USCOURTS-cofc-1_12-vv-00418
Petitioner: Nancy J. Pass
Filed: 2012-06-26
Decided: 2014-10-24
Vaccine: influenza
Vaccination date: 2011-10-21
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Nancy J. Pass filed a petition on June 26, 2012, alleging that an influenza vaccination she received on or about October 21, 2011 caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months.

Respondent denied that the flu vaccine caused petitioner's GBS or any other injury. Nonetheless, both parties agreed in a joint stipulation filed June 25, 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 $25,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On September 26, 2014, the parties filed a stipulation of attorneys' fees and costs. Special Master Gowen awarded $25,500.00, payable jointly to petitioner and her counsel, F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 21, 2011 → GBS. Joint stipulation Jun 25, 2014; respondent denied causation; SM Gowen. $25,000. Fees $25,500 (F. John Caldwell Jr., Maglio Christopher & Toale, Sarasota FL).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00418-0
Date issued/filed: 2014-07-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/25/2014) regarding 43 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00418-UNJ Document 47 Filed 07/16/14 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 12-418V
Filed: June 25, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
NANCY J. PASS, *
*
Petitioner, *
v. * Stipulation; Flu; GBS;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
F. John Caldwell, Jr., Esq., Maglio, Christopher & Toale, PA, Sarasota, Fl for petitioner.
Tara Kilfoyle, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Nancy J. Pass [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on June 26, 2012. Petitioner alleges that she
suffered Guillain-Barre Syndrome [“GBS”] that was caused in fact by a flu vaccination
she received on or about October 21, 2011. See Stipulation, filed June 25, 2014, at ¶¶
2, 4. Further, petitioner alleges that she experienced residual effects of her injury for
more than six months. Id. at ¶ 4. Respondent denies that the flu vaccine is the cause
of petitioner’s alleged GBS and/or any other injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On June 25, 2014, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms.
Respondent agrees to pay petitioner:
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), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:12-vv-00418-UNJ Document 47 Filed 07/16/14 Page 2 of 7
(a) A lump sum of $25,000.00 in the form of a check payable to
petitioner, Nancy J. Pass. This amount represents compensation for
all damages that would be available under § 300aa-15(a).
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

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Case 1:12-vv-00418-UNJ Document 47 Filed 07/16/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00418-1
Date issued/filed: 2014-10-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/26/2014) regarding 49 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00418-UNJ Document 52 Filed 10/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-418V
Filed: September 26, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
NANCY J. PASS, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
F. John Caldwell. Jr., Maglio Christopher & Toale, P.A., Sarasota, FL, for petitioner.
Tara Kilfoyle, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On June 26, 2012, Nancy Pass (“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 or about October 21, 2011, she
developed Guillain Barre Syndrome (“GBS”). Petition ¶¶ 1, 3. On June 25, 2014, the parties
filed a stipulation in which they agreed to an award of compensation to petitioner. On the same
day, I issued a Decision adopting the parties’ stipulation for an award. See Decision on J. Stip.,
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-00418-UNJ Document 52 Filed 10/24/14 Page 2 of 2
filed June 25, 2014.
On September 26, 2014, the parties filed a stipulation of attorneys’ fees and cost, attached
hereto as Appendix A. The parties agree to a total award of attorneys’ fees and costs to petitioner
and her counsel in the amount of $25,500.00. In accordance with General Order #9, petitioner
represents that she has not personally incurred expenses in this case. See Stipulation of
Attorneys’ Fees and Costs at ¶ 4.
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:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, F.
John Caldwell, Jr., of Maglio Christopher & Toale, P.A., in the amount of $25,500.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance herewith.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