VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00655
Package ID: USCOURTS-cofc-1_12-vv-00655
Petitioner: Nancy May
Filed: 2014-04-18
Decided: 2014-10-23
Vaccine: influenza
Vaccination date: 2009-10-01
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 226818

AI-assisted case summary:
Nancy May filed a petition on April 18, 2014, alleging that she suffered Guillain-Barré Syndrome (GBS) caused by her October 1, 2009 receipt of a seasonal influenza vaccine. She further alleged that she suffered residual effects of this injury for more than six months. The respondent denied that the GBS or any other injury was caused by the vaccine. The parties reached a stipulation to resolve the matter, which Special Master Laura D. Millman adopted. The court awarded Nancy May compensation, including a lump sum of $5,118.12 to reimburse a State of California Medicaid lien and a lump sum of $200,000.00 for all remaining damages. Subsequently, on October 23, 2014, the parties filed a stipulation for attorneys' fees and costs. Special Master Millman awarded $21,600.00 for attorneys' fees and costs, payable jointly to Nancy May and her attorney, John R. Howie, Jr. The total compensation awarded was $226,818.12.

Theory of causation field:
Petitioner Nancy May alleged that her Guillain-Barré Syndrome (GBS) was caused by her October 1, 2009 receipt of a seasonal influenza vaccine, and that she suffered residual effects for more than six months. The respondent denied causation. The parties reached a stipulation to resolve the matter, and Special Master Laura D. Millman adopted the stipulation, awarding compensation. The public decision does not describe the specific medical experts, clinical details of the GBS onset or progression, diagnostic tests, treatments, or the precise mechanism of causation. The award included $5,118.12 for a Medicaid lien and $200,000.00 for damages, totaling $205,118.12 in damages. Attorneys' fees and costs of $21,600.00 were awarded separately, making the total award $226,818.12. The decision was issued on April 18, 2014, with attorneys' fees awarded on October 23, 2014. Petitioner was represented by John R. Howie, Jr., and respondent was represented by Gordon E. Shemin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00655-0
Date issued/filed: 2014-05-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/18/2014) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:12-vv-00655-UNJ Document 36 Filed 05/13/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-655V
Filed: April 18, 2014
Not for Publication
*************************************
NANCY MAY, *
*
Petitioner, * Damages decision based on stipulation;
* influenza vaccine; Guillain-Barré Syndrome
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
John R. Howie, Jr., Dallas, TX, for petitioner.
Gordon E. Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On April 18, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that she suffered Guillain-Barré
Syndrome (“GBS”) that was caused by her October 1, 2009 receipt of seasonal influenza (“flu”)
vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more
than six months. Respondent denies that petitioner’s alleged GBS or any other injury was caused
by influenza vaccine. Nonetheless, the parties agreed to resolve this matter informally.
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 delete 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
delete such material from public access.

Case 1:12-vv-00655-UNJ Document 36 Filed 05/13/14 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards:
a. a lump sum of $5,118.12, representing reimbursement of a State of California Medicaid
lien. The award shall be in the form of a check for $5,118.12 made payable jointly to
petitioner and
Department of Health Care Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421.
Petitioner agrees to endorse this check to the State; and
b. a lump sum of $200,000.00, representing compensation for all remaining damages that
would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a
check for $200,000.00 made payable 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.2
IT IS SO ORDERED.
Dated: April 18, 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

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00655-1
Date issued/filed: 2014-11-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/23/2014) regarding 38 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:12-vv-00655-UNJ Document 41 Filed 11/13/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-655V
Filed: October 23, 2014
Not for Publication
*************************************
NANCY MAY, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
John R. Howie, Jr., Dallas, TX, for petitioner.
Gordon E. Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On October 23, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and
costs to respondent. During informal discussions, respondent raised objections to certain items in
petitioner’s application. Based on these objections, petitioner amends her application for
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-00655-UNJ Document 41 Filed 11/13/14 Page 2 of 2
attorneys’ fees and costs to $21,600.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $21,600.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Howie Law, P.C. in the amount of $21,600.00.
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: October 23, 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