VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00871
Package ID: USCOURTS-cofc-1_12-vv-00871
Petitioner: Kristen Olson
Filed: 2012-12-13
Decided: 2015-05-27
Vaccine: influenza
Vaccination date: 2011-10-06
Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)/Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Kristen Olson (formerly Kristen England) filed a petition on December 13, 2012, alleging that an influenza (flu) vaccination she received on October 6, 2011 caused her to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)/Guillain-Barré Syndrome (GBS). Respondent denied that the flu vaccine caused or aggravated petitioner's CIDP or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed May 4, 2015 to settle the case. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $85,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties also agreed to attorneys' fees and costs of $21,821.59, payable jointly to petitioner and her counsel, Scott W. Rooney of Nemes, Rooney P.C. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 6, 2011 → CIDP/GBS (née England; caption amended twice). Joint stipulation May 4, 2015; SM Hamilton-Fieldman. Comp $85,000. Fees $21,821.59 (Rooney, Nemes Rooney P.C., Farmington Hills MI).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00871-0
Date issued/filed: 2015-05-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/4/2015) regarding 53 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:12-vv-00871-UNJ Document 60 Filed 05/27/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-871V
Filed: May 4, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KRISTEN OLSON, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Chronic Inflammatory
SECRETARY OF HEALTH * Demyelinating Polyneuropathy
AND HUMAN SERVICES, * (“CIDP”).
*
Respondent. *
* * * * * * * * * * * * * * * *
Scott W. Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for Petitioner.
Gordon Shemin, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On December 13, 2012, Kristen England2 (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.3 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that she suffered from Chronic Inflammatory Demyelinating Polyneuropathy
(“CIDP”)/Guillain-Barré Syndrome (“GBS”) as a result of an Influenza (“Flu”) vaccine
administered to her on October 6, 2011. Petition (“Pet”) at 1-2.
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 An Order amending the case caption was granted on June 7, 2013 and on April 13, 2015.
3 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-00871-UNJ Document 60 Filed 05/27/15 Page 2 of 7
Respondent denies that the Flu vaccine caused or aggravated Petitioner’s CIDP and/or
any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $85,000.00, in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.4
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
4 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

Case 1:12-vv-00871-UNJ Document 60 Filed 05/27/15 Page 3 of 7

Case 1:12-vv-00871-UNJ Document 60 Filed 05/27/15 Page 4 of 7

Case 1:12-vv-00871-UNJ Document 60 Filed 05/27/15 Page 5 of 7

Case 1:12-vv-00871-UNJ Document 60 Filed 05/27/15 Page 6 of 7

Case 1:12-vv-00871-UNJ Document 60 Filed 05/27/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00871-1
Date issued/filed: 2015-05-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/4/2015) regarding 54 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:12-vv-00871-UNJ Document 61 Filed 05/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-871
Filed: May 4, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
KRISTEN OLSON, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable Amount
* Requested to which Respondent Does Not
SECRETARY OF HEALTH * Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Scott W. Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for Petitioner.
Gordon Shemin, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On December 13, 2012, Kristen England2 (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.3 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that she
suffered from Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”)/Guillain-Barré Syndrome
(“GBS”) as a result of an Influenza (“Flu”) vaccine administered to her on October 6, 2011. Petition
(“Pet”) at 1-2.
On May 4, 2015, Respondent filed a Stipulation of Facts Concerning Final Attorneys’ Fees and
Costs. Stipulation, ECF No. 52. Pursuant to their Stipulation, the parties have agreed to an award of
$21,821.59 in attorneys’ fees and costs. Id. In accordance with General Order Number 9, Petitioner’s
counsel represented that Petitioner did not personally incur any expenses in pursuit of this claim. Id.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42
1 The undersigned intends to post this unpublished 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)). As provided by Vaccine Rule
18(b), each party has 14 days within which to file a motion for redaction “of any information furnished by
that party (1) that is trade secret or commercial or financial information and is privileged or confidential,
or (2) that are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” In the absence of such motion, the entire decision will be available to
the public. Id.
2 An Order amending the case caption was granted on June 7, 2013 and on April 13, 2015.
3 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-00871-UNJ Document 61 Filed 05/27/15 Page 2 of 2
U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate.
Accordingly, the undersigned hereby awards the amount of $21,821.59, in the form of a check made
payable jointly to Petitioner and Petitioner’s counsel, Scott W. Rooney.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court
SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
4 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