VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00877
Package ID: USCOURTS-cofc-1_12-vv-00877
Petitioner: Lee E. Allen
Filed: 2014-09-05
Decided: 2014-09-05
Vaccine: influenza
Vaccination date: 2011-10-14
Condition: transverse myelitis (TM) and/or neuromyelitis optica (NMO)
Outcome: compensated
Award amount USD: 680000

AI-assisted case summary:
Petitioner Lee E. Allen filed a petition on September 5, 2014, alleging that he suffered from transverse myelitis (TM) and/or neuromyelitis optica (NMO) caused by an influenza vaccine he received on October 14, 2011. He further alleged that he experienced residual effects from these conditions for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's alleged injuries. Despite the respondent's denial, the parties reached a stipulation to resolve the matter. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded compensation. The award included a lump sum of $400,000.00 payable to the petitioner and an additional $280,000.00 to purchase an annuity contract. Separately, on September 9, 2014, the parties filed a stipulation regarding attorneys' fees and costs. Special Master Millman reviewed this stipulation and awarded $21,250.00 for attorneys' fees and costs, payable by check jointly to the petitioner and Maglio, Christopher & Toale, P.A. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the medical experts consulted by either party. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Lee E. Allen alleged that an influenza vaccine administered on October 14, 2011, caused him to develop transverse myelitis (TM) and/or neuromyelitis optica (NMO), with residual effects lasting over six months. The respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding compensation. The award included a lump sum of $400,000.00 to the petitioner and $280,000.00 for an annuity. Attorneys' fees and costs of $21,250.00 were awarded separately via stipulation. The public decision does not specify the medical experts, the proposed mechanism of injury, or the specific evidence considered to support or refute the theory of causation, other than the parties' agreement to settle.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00877-0
Date issued/filed: 2014-09-26
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 09/05/2014) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00877-UNJ Document 37 Filed 09/26/14 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-877V
Filed: September 5, 2014
Not for Publication
*************************************
LEE E. ALLEN, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * influenza vaccine; transverse myelitis (TM);
* neuromyelitis optica (NMO)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Diana Sedar, Sarasota, FL, for petitioner.
Debra A. Filteau Begley, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 5, 2014, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that he suffered from
transverse myelitis (“TM”) and/or neuromyelitis optica (“NMO”) that were caused by his October
14, 2011, receipt of influenza (“flu”) vaccine. He further alleges that he experienced the residual
effects of these injuries for more than six months. Respondent denies that the flu vaccine caused
petitioner’s TM, NMO, or any other injury. 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’ 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-00877-UNJ Document 37 Filed 09/26/14 Page 2 of 9
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 $400,000.00 in the form of a check made payable to petitioner; and
b. an amount of $280,000.00 to purchase the annuity contract described in paragraph 10 of
the attached stipulation, paid to the life insurance company from which the annuity will be
purchased.
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: September 5, 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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Case 1:12-vv-00877-UNJ Document 37 Filed 09/26/14 Page 9 of 9

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00877-1
Date issued/filed: 2014-09-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/09/2014) regarding 32 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:12-vv-00877-UNJ Document 38 Filed 09/30/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-877V
Filed: September 9, 2014
Not for Publication
*************************************
LEE E. ALLEN, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Diana L. Stadelnikas Sedar, Sarasota, FL, for petitioner.
Debra A. Filteau Begley, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On September 9, 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 he did not
incur any costs in pursuit of his petition. Petitioner submitted his 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 his 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-00877-UNJ Document 38 Filed 09/30/14 Page 2 of 2
attorneys’ fees and costs to $21,250.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $21,250.00,
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., in the amount of
$21,250.00.
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: September 9, 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