VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00838
Package ID: USCOURTS-cofc-1_12-vv-00838
Petitioner: Ellen Best
Filed: 2012-09-02
Decided: 2014-10-24
Vaccine: influenza
Vaccination date: 2010-10-04
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 7500

AI-assisted case summary:
Ellen Best filed a petition on October 30, 2012, alleging that an influenza vaccination she received on October 4, 2010 caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. Following Ms. Best's death, her husband Donald Best was substituted as the sole heir and continued the case.

Respondent denied that the flu vaccine caused Ms. Best's GBS or any other injury. Nonetheless, both parties agreed in a stipulation filed August 26, 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 $7,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On October 3, 2014, the parties filed a stipulation of attorneys' fees and costs. Special Master Gowen awarded $32,000.00, payable jointly to petitioner and his counsel, Anne C. Toale of Maglio Christopher & Toale, P.A. Petitioner had not personally incurred any out-of-pocket litigation costs.

Theory of causation field:
Flu Oct 4, 2010 → GBS; Ellen Best died (Donald Best substituted as sole heir). Stipulation Aug 26, 2014; respondent denied causation; SM Gowen. $7,500. Fees $32,000 (Toale, Maglio Christopher & Toale, Sarasota FL).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_12-vv-00838-0
Date issued/filed: 2014-09-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/02/2014) regarding 37 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00838-UNJ Document 41 Filed 09/23/14 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF THE SPECIAL MASTERS
No. 12-838V
Filed: September 2, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
DONALD BEST, as Sole Heir of the *
Estate of Ellen Best, *
* Stipulation; Flu Vaccine;
Petitioner, * GBS
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Esq., Maglio Christopher and Toale, Sarasota, Fl for petitioner.
Lara Englund, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Ellen Best [Ms. Best] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on December 6, 2012. Upon her death, her
husband Donald Best [petitioner] was substituted as petitioner herein. Petitioner alleges
that the flu vaccine Ms. Best received on or about October 4, 2010 caused Ms. Best to
develop Guillain-Barre Syndrome [GBS]. See Stipulation, filed September 2, 2014, at
¶¶ 2, 4. Further, petitioner alleges that Ms. Best experienced residual effects of her
injury for more than six months. Id. at ¶ 4. Respondent denies that the flu vaccine is
the cause of Ms. Best’s alleged GBS, or any other injury or her subsequent death. 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-00838-UNJ Document 41 Filed 09/23/14 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On September 2, 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 $7,500.00 in the form of a check payable to petitioner,
Donald Best, as Ms. Best’s surviving spouse and sole heir. 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-00838-UNJ Document 41 Filed 09/23/14 Page 3 of 7

Case 1:12-vv-00838-UNJ Document 41 Filed 09/23/14 Page 4 of 7

Case 1:12-vv-00838-UNJ Document 41 Filed 09/23/14 Page 5 of 7

Case 1:12-vv-00838-UNJ Document 41 Filed 09/23/14 Page 6 of 7

Case 1:12-vv-00838-UNJ Document 41 Filed 09/23/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_12-vv-00838-1
Date issued/filed: 2014-10-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/29/2014) regarding 43 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00838-UNJ Document 46 Filed 10/24/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF THE SPECIAL MASTERS
No. 12-838V
Filed: September 29, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
DONALD BEST, as Sole Heir of the *
Estate of Ellen Best, *
* Stipulation;
Petitioner, * Attorneys’ Fees & Costs
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Esq., Maglio Christopher and Toale, Sarasota, Fl for petitioner.
Lara Englund, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a Decision on September 2, 2014, adopting the parties’ stipulation for award. On
September 29, 2014, the parties filed a Stipulation of Fact concerning attorneys’ fees
and costs. Additionally, pursuant to General Order #9, the stipulation notes that
petitioner incurred no personal litigation costs.
The parties’ stipulation indicates that respondent does not object to the amended
amount of $32,000.00 that petitioner is requesting for attorneys’ fees and costs.
I find that this petition was brought in good faith and that there existed a
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), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:12-vv-00838-UNJ Document 46 Filed 10/24/14 Page 2 of 2
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award:
 a lump sum of $32,000.00 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Anne Toale, for petitioner’s
attorneys’ fees and costs.
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 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).