VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00676
Package ID: USCOURTS-cofc-1_12-vv-00676
Petitioner: Reona Dakota Lynch
Filed: 2012-10-05
Decided: 2014-06-27
Vaccine: influenza
Vaccination date: 2009-09-26
Condition: left optic neuritis with permanent vision loss
Outcome: compensated
Award amount USD: 180000

AI-assisted case summary:
Reona Dakota Lynch filed a petition on October 5, 2012, alleging that a trivalent influenza (flu or FluMist) vaccination she received on September 26, 2009, a vaccine contained in the Vaccine Injury Table, caused her to develop a left optic neuritis with permanent vision loss. Respondent denied that the FluMist vaccine caused petitioner's left optic neuritis or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury.

Nonetheless, both parties agreed in a joint stipulation filed May 30, 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 $19,650.00 in attorneys' fees and costs payable jointly to petitioner and her counsel, Alexander Laufer of Eisenhower & Laufer, P.C., plus $350.00 to petitioner personally, for a total of $20,000.00.

Theory of causation field:
FluMist (trivalent flu, Table) Sep 26, 2009 → left optic neuritis with permanent vision loss. Joint stipulation May 30, 2014; respondent denied causation; SM Moran. $180,000. Fees $20,000 ($19,650 + $350 personal) (Laufer, Eisenhower & Laufer, Fairfax VA). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00676-0
Date issued/filed: 2014-06-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/2/2014) regarding 40 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00676-UNJ Document 44 Filed 06/27/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
REONA DAKOTA LYNCH, *
* No. 12-676V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: June 2, 2014
*
SECRETARY OF HEALTH * Stipulation; trivalent influenza
AND HUMAN SERVICES, * (“flu” or “FluMist”) vaccine;
* optic neuritis.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Alexander Laufer, Eisenhower & Laufer, P.C., Fairfax, VA, for Petitioner;
Glenn Macleod, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On May 30, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Reona Lynch on October 5, 2012. In her petition, Ms.
Lynch alleged that the trivalent influenza (“flu” or “FluMist”) vaccine, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and
which she received on September 26, 2009, caused her to suffer a left optic neuritis
with permanent vision loss. Petitioner represents that there has been no prior
award or settlement of a civil action for damages on her behalf as a result of her
alleged vaccine injury.
Respondent denies that the FluMist vaccine caused petitioner’s alleged left
optic neuritis or any other injury, and further denies that her current disabilities are
a sequela of a vaccine-related injury.
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-00676-UNJ Document 44 Filed 06/27/14 Page 2 of 7
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,
Reona Dakota Lynch. 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 12-676V 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--0000667766--UUNNJJ DDooccuummeenntt 3494 FFiilleedd 0056//3207//1144 PPaaggee 13 ooff 57

CCaassee 11::1122--vvvv--0000667766--UUNNJJ DDooccuummeenntt 3494 FFiilleedd 0056//3207//1144 PPaaggee 24 ooff 57

CCaassee 11::1122--vvvv--0000667766--UUNNJJ DDooccuummeenntt 3494 FFiilleedd 0056//3207//1144 PPaaggee 35 ooff 57

CCaassee 11::1122--vvvv--0000667766--UUNNJJ DDooccuummeenntt 3494 FFiilleedd 0056//3207//1144 PPaaggee 46 ooff 57

CCaassee 11::1122--vvvv--0000667766--UUNNJJ DDooccuummeenntt 3494 FFiilleedd 0056//3207//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00676-1
Date issued/filed: 2014-08-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/16/2014) regarding 46 DECISION Fees Stipulation. Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:12-vv-00676-UNJ Document 49 Filed 08/12/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
REONA DAKOTA LYNCH, *
*
Petitioner, * No. 12-676V
* Special Master Christian J. Moran
*
v. * Filed: July 16, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Alexander Laufer, Eisenhower & Laufer, P.C., Fairfax, VA, for petitioner;
Glenn Macleod, United States Dep’t of Justice, Washington, D.C., for respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On July 15, 2014, respondent 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 her
application to request $ 20,000.00, an amount to which respondent does not object.
The Court awards this amount.
On October 5, 2012, Reona Dakota Lynch filed a petition for compensation
alleging that the influenza vaccine, which she received on September 26, 2009,
caused her to suffer a left optic neuritis with permanent vision loss. Petitioner
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-00676-UNJ Document 49 Filed 08/12/14 Page 2 of 2
received compensation based upon the parties’ stipulation. Decision, filed June 2,
2014. Because petitioner received compensation, they are entitled to an award of
attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $19,650.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred $350.00 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 $19,650.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Alexander Laufer, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-
15(e).
b. A lump sum of $350.00, payable to petitioner, Reona Dakota Lynch,
for costs she incurred in pursuit of her 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