VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00510
Package ID: USCOURTS-cofc-1_12-vv-00510
Petitioner: Jessica Kellner
Filed: 2012-08-14
Decided: 2014-12-02
Vaccine: influenza
Vaccination date: 2009-11-18
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Jessica Kellner filed a petition on August 14, 2012, alleging that an influenza vaccination she received on November 18, 2009 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 April 16, 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 $40,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On November 3, 2014, the parties filed a stipulation of attorneys' fees and costs. Special Master Gowen awarded $12,495.28, payable jointly to petitioner and her counsel, Michael A. London of Douglas & London, P.C. Petitioner had not personally incurred any out-of-pocket litigation costs.

Theory of causation field:
Flu Nov 18, 2009 → GBS. Joint stipulation Apr 16, 2014; respondent denied causation; SM Gowen. $40,000. Fees $12,495.28 (London, Douglas & London, New York NY). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00510-0
Date issued/filed: 2014-05-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 4/17/2014) regarding 37 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00510-UNJ Document 41 Filed 05/13/14 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 12-510V
Filed: April 17, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
JESSICA KELLNER, *
*
Petitioner, * Stipulation; Flu; GBS
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Michael Andrew London, Esq., Douglas & London, P.C., New York, NY for petitioner.
Lindsay Corliss, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Jessica Kellner [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on August 14, 2012. Petitioner alleges that she
suffered Guillain-Barre Syndrome [“GBS”] that was caused in fact by a flu vaccination
she received on November 18, 2009. See Stipulation, filed Apr. 16, 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 caused petitioner’s
alleged GBS and/or any other injury. Id. at ¶ 6.
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-00510-UNJ Document 41 Filed 05/13/14 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On April 17, 2014, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms.
Respondent agrees to pay petitioner:
(a) A lump sum of $40,000.00 in the form of a check payable to
petitioner, Jessica Kellner. 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.

Case 1:12-vv-00510-UNJ Document 41 Filed 05/13/14 Page 3 of 7

Case 1:12-vv-00510-UNJ Document 41 Filed 05/13/14 Page 4 of 7

Case 1:12-vv-00510-UNJ Document 41 Filed 05/13/14 Page 5 of 7

Case 1:12-vv-00510-UNJ Document 41 Filed 05/13/14 Page 6 of 7

Case 1:12-vv-00510-UNJ Document 41 Filed 05/13/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00510-1
Date issued/filed: 2014-12-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/5/2014) regarding 44 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00510-UNJ Document 47 Filed 12/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-510V
Filed: November 5, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
JESSICA KELLNER, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Michael A. London, Douglas & London, P.C., New York, NY, for petitioner.
Lindsay Corliss, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On August 14, 2012, Jessica Kellner (“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 November 18,
2009, she developed Guillain-Barre Syndrome (“GBS”). Petition at ¶¶ 2, 3. On April 16, 2014,
the parties filed a stipulation in which they agreed to an award of compensation to petitioner. On
April 17, 2014, the undersignd issued a Decision adopting the parties’ stipulation for an award.
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-00510-UNJ Document 47 Filed 12/02/14 Page 2 of 2
See Decision on J. Stip., filed Apr. 17, 2014.
On November 3, 2014, the parties filed a stipulation concerning final attorneys’ fees and
costs. Petitioner requests a total award of attorneys’ fees and costs in the amount of $12,495.28.
Respondent does not object. In accordance with General Order #9, petitioner represents that she
has not personally incurred any costs in pursuit of this claim. See Stip of Final Attorneys’ Fees
and Costs at ¶ 3.
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,
Michael A. London, of Douglas & London, P.C., in the amount of $12,495.28.
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