VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00565
Package ID: USCOURTS-cofc-1_12-vv-00565
Petitioner: Walter Cairnes
Filed: 2012-09-04
Decided: 2015-03-24
Vaccine: influenza
Vaccination date: 2011-08-31
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Walter Cairnes filed a petition on September 4, 2012, alleging that trivalent influenza (flu) and tetanus (TDaP) vaccinations he received on August 31, 2011 caused him to suffer shoulder and cardiac injuries. Respondent's Rule 4(c) Report, filed February 11, 2013, conceded that the vaccinations caused brachial neuritis but denied that his cardiac injury was vaccine-related.

Mr. Cairnes died on September 21, 2013, from cardiac arrhythmia and cardiomegaly. His spouse, Mandy G. Cairnes, was appointed personal representative of his estate and substituted as petitioner. On November 24, 2014, respondent filed a proffer on award of compensation. Special Master Millman found the proffer reasonable and awarded a lump sum of $40,000.00, representing compensation for the conceded brachial neuritis injury under 42 U.S.C. § 300aa-15(a).

On March 3, 2015, the parties filed a stipulation of attorneys' fees and costs. Special Master Millman awarded $24,402.00 payable jointly to petitioner and Maglio, Christopher & Toale, P.A., plus $341.50 in petitioner's personal costs, for a total of $24,743.50.

Theory of causation field:
Flu + TDaP Aug 31, 2011 → brachial neuritis (conceded by respondent Feb 2013) + cardiac injury (denied). Walter Cairnes died Sep 21, 2013 (cardiac arrhythmia + cardiomegaly); Mandy Cairnes substituted as rep. Proffer Nov 24, 2014; SM Millman. $40,000 (brachial neuritis only). Fees $24,743.50 (Toale, Maglio Christopher & Toale, Sarasota FL).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00565-0
Date issued/filed: 2014-12-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/25/2014) regarding 43 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00565-UNJ Document 48 Filed 12/16/14 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-565V
Filed: November 25, 2014
Not for Publication
*************************************
MANDY G. CAIRNES, as Personal *
Representative of the Estate of *
WALTER CAIRNES, Deceased, *
*
Petitioner, *
* Damages decision based on proffer;
v. * influenza (flu) vaccine; tetanus
* (Tdap) vaccine; brachial neuritis;
SECRETARY OF HEALTH * cardiac injury; death
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioner.
Michael P. Milmoe, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 4, 2012, Walter Cairnes filed a petition under the National Childhood
Vaccine Injury Act, 42 U.S.C. §§ 300aa-10–34 (2006), alleging that he suffered shoulder and
cardiac injuries as a result of the trivalent influenza (“flu”) and tetanus (“Tdap”) vaccinations he
received on August 31, 2011.
1 Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this decision on the United States Court of Federal Claims's website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact
such information prior to the document=s disclosure. If the special master, upon review, agrees that the
identified material fits within the banned categories listed above, the special master shall redact such
material from public access.
1

Case 1:12-vv-00565-UNJ Document 48 Filed 12/16/14 Page 2 of 5
On February 11, 2013, respondent filed her Rule 4(c) Report, conceding that petitioner
was entitled to vaccine compensation for his brachial neuritis but denying that his cardiac injury
was vaccine-related.
Mr. Cairnes died on September 21, 2013, from cardiac arrhythmia and cardiomegaly.
Med. recs. Ex. 15, at 1. Mandy G. Cairnes, his spouse, was appointed personal representative of
his estate and substituted as petitioner in this action.
On November 24, 2014, respondent filed Respondent’s Proffer on Award of
Compensation. The undersigned finds the terms of the proffer to be reasonable. Based on the
record as a whole, the undersigned finds that petitioner is entitled to the award as stated in the
proffer. Pursuant to the terms stated in the attached proffer, the court awards a lump sum
payment of $40,000.00, representing compensation for the conceded injury of brachial neuritis.
This amount represents all elements of compensation to which petitioner would be entitled under
42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $40,000.00 made
payable to petitioner, Mandy G. Cairnes.
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.2
IT IS SO ORDERED.
Dated: November 25, 2014 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:12-vv-00565-UNJ Document 48 Filed 12/16/14 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
MANDY G. CAIRNES, as Personal )
Representative of the Estate of )
WALTER CAIRNES, deceased, )
)
Petitioner, ) No. 12-565V
) Special Master Millman
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent filed a Rule 4(c) Report on February 11, 2013, conceding that Walter Lewis
Cairnes was entitled to vaccine compensation for his brachial neuritis.1 However, the Rule 4(c)
Report denied that his cardiac injury was vaccine-related.
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$40,000.00 for the conceded injury of brachial neuritis, and that petitioner is not entitled to any
vaccine compensation for his cardiac injury. This amount of $40,000.00 represents all elements
of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1);
15(a)(3)(A); and 15(a)(4). Petitioner agrees.
1 Mr. Cairnes died on September 21, 2013, and on February 20, 2014, the State of South Carolina, County of
Lancaster, appointed Mandy G. Cairnes, his spouse, as Personal Representative of the petitioner’s estate.

Case 1:12-vv-00565-UNJ Document 48 Filed 12/16/14 Page 4 of 5
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the special master’s decision
and the Court’s judgment award the following:
A. A lump sum payment of $40,000.00 in the form of a check payable to petitioner, Mandy
G. Cairnes. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
Petitioner represents that she is, or within 90 days of the date of judgment will become,
duly authorized to serve as the legal representative of Walter Lewis Cairnes’ estate under the
laws of the State of South Carolina. No payment pursuant to this Stipulation shall be made until
petitioner provides the Secretary with documentation establishing her appointment as legal
representative of Walter Lewis Cairnes’ estate. If petitioner is not authorized by a court of
competent jurisdiction to serve as legal representative of the estate of Walter Lewis Cairnes at
the time payment pursuant to this Stipulation is to be made, any such payment shall be paid to
the party or parties appointed by a court of competent jurisdiction to serve as legal representative
of the estate of Walter Lewis Cairnes upon submission of written documentation of such
appointment to the Secretary.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division

Case 1:12-vv-00565-UNJ Document 48 Filed 12/16/14 Page 5 of 5
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: November 24, 2014 Fax: (202) 616-4310

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00565-1
Date issued/filed: 2015-03-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/03/2015) regarding 50 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:12-vv-00565-UNJ Document 53 Filed 03/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-565V
Filed: March 3, 2015
Not for Publication
*************************************
MANDY G. CAIRNES, *
as Personal Representative of the Estate of *
WALTER CAIRNES, Deceased, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioner.
Michael P. Milmoe, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On March 3, 2015, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
Petitioner submitted a draft application for attorneys’ fees and costs to respondent.
During informal discussions, respondent raised objections to certain items in petitioner’s
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:12-vv-00565-UNJ Document 53 Filed 03/24/15 Page 2 of 2
application. Based on these objections, petitioner amends her application for attorneys’ fees and
costs to $24,743.50, consisting of $24,402.00 in attorneys’ fees and costs and $341.50 in
petitioner’s costs. Respondent does not object to this amount. The undersigned finds this
amount to be reasonable. Accordingly, the court awards:
a. $24,402.00, representing reimbursement for attorneys’ fees and costs. The award
shall be in the form of a check payable jointly to petitioner and Maglio, Christopher &
Toale, P.A. for $24,402.00; and
b. $341.50, representing reimbursement for petitioner’s costs. The award shall be in the
form of a check payable to petitioner for $341.50.
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.2
IT IS SO ORDERED.
Dated: March 3, 2015 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2