VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00491
Package ID: USCOURTS-cofc-1_12-vv-00491
Petitioner: Perry Cellana
Filed: 2012-08-07
Decided: 2014-09-02
Vaccine: influenza
Vaccination date: 2009-10-07
Condition: autoimmune encephalitis and a seizure
Outcome: compensated
Award amount USD: 180000

AI-assisted case summary:
Perry Cellana filed a petition on August 7, 2012, alleging that an influenza vaccination he received on October 7, 2009, a vaccine contained in the Vaccine Injury Table, caused him to suffer various neurological injuries including autoimmune encephalitis and a seizure, with residual effects lasting more than six months.

Respondent denied that the flu vaccine caused petitioner's autoimmune encephalitis, seizure, or any other injury. Nonetheless, both parties agreed in a joint stipulation filed May 20, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $180,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Special Master Moran also awarded attorneys' fees of $21,946.86, payable jointly to petitioner and his counsel, Elizabeth Muldowney of Rawls, McNelis & Mitchell, plus $500.00 in personal costs payable to petitioner.

Theory of causation field:
Flu Oct 7, 2009 → autoimmune encephalitis + seizure (Table vaccine). Joint stipulation May 20, 2014; respondent denied causation; SM Moran. $180,000. Fees $21,946.86 + $500 personal (Muldowney, Rawls McNelis & Mitchell, Richmond VA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00491-0
Date issued/filed: 2014-06-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/21/2014) regarding 45 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00491-UNJ Document 49 Filed 06/17/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
PERRY CELLANA, *
* No. 12-491V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: May 21, 2014
*
SECRETARY OF HEALTH * Stipulation; Influenza (“flu”)
AND HUMAN SERVICES, * vaccine; autoimmune encephalitis;
* seizure.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Elizabeth Muldowney, Rawls, McNelis & Mitchell, Richmond, VA, for Petitioner;
Lisa A. Watts, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On May 20, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Perry Cellana on August 7, 2012. In his petition, Mr.
Cellana alleged that the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
October 7, 2009, caused him to suffer from various neurologic injuries, to include
autoimmune encephalitis and a seizure. Petitioner further alleges that he suffered
the residual effects of his injuries for more than six months. Petitioner represents
that there has been no prior award or settlement of a civil action for damages on his
behalf as a result of his condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00491-UNJ Document 49 Filed 06/17/14 Page 2 of 7
Respondent denies that the flu vaccine caused petitioner’s alleged
autoimmune encephalitis, seizure, or any other injury, and further denies that
petitioner’s current disabilities are sequelae of a vaccine-related 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:
A lump sum of $180,000.00 in the form of a check payable to petitioner,
Perry Cellana. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 12-491V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
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.
2

CCaassee 11::1122--vvvv--0000449911--UUNNJJ DDooccuummeenntt 4419 FFiilleedd 0056//2107//1144 PPaaggee 13 ooff 57

CCaassee 11::1122--vvvv--0000449911--UUNNJJ DDooccuummeenntt 4419 FFiilleedd 0056//2107//1144 PPaaggee 24 ooff 57

CCaassee 11::1122--vvvv--0000449911--UUNNJJ DDooccuummeenntt 4419 FFiilleedd 0056//2107//1144 PPaaggee 35 ooff 57

CCaassee 11::1122--vvvv--0000449911--UUNNJJ DDooccuummeenntt 4419 FFiilleedd 0056//2107//1144 PPaaggee 46 ooff 57

CCaassee 11::1122--vvvv--0000449911--UUNNJJ DDooccuummeenntt 4419 FFiilleedd 0056//2107//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00491-1
Date issued/filed: 2014-09-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/29/2014) regarding 51 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00491-UNJ Document 54 Filed 09/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
PERRY CELLANA, *
* No. 12-491V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: July 29, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Elizabeth Muldowney, Rawls, McNelis & Mitchell, Richmond, VA, for Petitioner;
Lisa A. Watts, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On July 23, 2014, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended his
application to request $22,446.86, an amount to which respondent does not object.
The Court awards this amount.
On August 7, 2012, Perry Cellana filed a petition for compensation alleging
that the influenza (“flu”) vaccine, which he received on October 7, 2009, caused
him to suffer from various neurologic injuries, to include autoimmune encephalitis
and a seizure. Petitioner received compensation based upon the parties’
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00491-UNJ Document 54 Filed 09/02/14 Page 2 of 2
stipulation. Decision, filed May 21, 2014. Because petitioner received
compensation, he is entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
Petitioner seeks a total of $21,946.86 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred $500.00 in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $21,946.86 in the form of a check made payable to
petitioner and petitioner’s attorney, Elizabeth Muldowney, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $500.00, payable to petitioner, Perry Cellana, for
costs he incurred in pursuit of his petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2