VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00916
Package ID: USCOURTS-cofc-1_12-vv-00916
Petitioner: Lilo Hamper
Filed: 2012-12-28
Decided: 2014-06-12
Vaccine: Tdap
Vaccination date: 2011-12-22
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Lilo Hamper filed a petition on December 28, 2012, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination she received on December 22, 2011 caused her to develop Guillain-Barré Syndrome (GBS). The Tdap vaccine is contained in the Vaccine Injury Table. Respondent denied that the Tdap vaccine caused petitioner to suffer GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed May 2, 2014 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 $135,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $30,725.53, payable jointly to petitioner and her counsel, Danielle Strait of Maglio, Christopher & Toale, along with an additional $210.18 payable directly to petitioner to reimburse her out-of-pocket litigation expenses.

Theory of causation field:
TDaP Dec 22, 2011 → GBS (Table). Joint stipulation May 2, 2014; SM Hamilton-Fieldman. Comp $135,000. Fees $30,725.53 (Strait, Maglio Christopher & Toale) + $210.18 personal to petitioner.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00916-0
Date issued/filed: 2014-05-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/02/2014) regarding 30 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00916-UNJ Document 37 Filed 05/23/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-916V
(Filed: May 2, 2014)
____________________________________________
LILO HAMPER, ) UNPUBLISHED
)
) Stipulation;
Petitioner, ) Tetanus-diphtheria-
) acellular pertussis
v. ) (Tdap); Guillain-
) Barré Syndrome
SECRETARY OF THE DEPARTMENT )
OF HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
UNPUBLISHED DECISION1
On May 2, 2014, Respondent filed a joint stipulation concerning the
petition for compensation filed by Lilo Hamper on December 28, 2012. In her
petition, Petitioner alleged that the tetanus-diphtheria-acellular pertussis (Tdap)
vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), and which she received on December 22, 2011, caused her to develop
Guillain-Barré Syndrome (GBS). Petitioner represents that there has been no prior
award or settlement of a civil action for damages on behalf as a result of Ms.
Hamper’s alleged vaccine-related injury. Stipulation at ¶¶ 2, 4, 5.
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this order 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 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). Otherwise, “the entire”
order will be available to the public. Id.
1

Case 1:12-vv-00916-UNJ Document 37 Filed 05/23/14 Page 2 of 7
Respondent denies that the Tdap vaccine caused Ms. Hamper to suffer GBS
or any other injury. 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 payment of $135,000.00 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 at ¶8.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 12-916V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Camille Collett, at (202)
357-6361.
IT IS SO ORDERED.
s/Lisa Hamilton Fieldman
Lisa Hamilton-Fieldman
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

Case 1:12-vv-00916-UNJ Document 37 Filed 05/23/14 Page 3 of 7

Case 1:12-vv-00916-UNJ Document 37 Filed 05/23/14 Page 4 of 7

Case 1:12-vv-00916-UNJ Document 37 Filed 05/23/14 Page 5 of 7

Case 1:12-vv-00916-UNJ Document 37 Filed 05/23/14 Page 6 of 7

Case 1:12-vv-00916-UNJ Document 37 Filed 05/23/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_12-vv-00916-1
Date issued/filed: 2014-06-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/21/2014) regarding 36 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00916-UNJ Document 40 Filed 06/12/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-916V
(Filed: May 21, 2014)
LILO HAMPER, ) UNPUBLISHED
)
) Stipulation of Fact;
Petitioner, ) Attorneys’ Fees and Costs
)
v. )
)
SECRETARY OF THE DEPARTMENT )
OF HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
UNPUBLISHED DECISION1
On May 21, 2014, the parties filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, Petitioner had
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
$30,935.71 in attorneys’ fees and costs and $210.18 for costs incurred by Petitioner,
amounts to which Respondent does not object. The Court awards these amounts.
On December 28, 2012, Lilo Hamper filed a petition for compensation. In her
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this order 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 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). Otherwise, “the entire” order will be
available to the public. Id.

Case 1:12-vv-00916-UNJ Document 40 Filed 06/12/14 Page 2 of 2
petition, Petitioner alleged that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine,
which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and
which she received on December 22, 2011, caused her to develop Guillain-Barré
Syndrome (GBS). Petitioner received compensation based upon the parties’ stipulation.
Decision, filed May 2, 2014. Because Petitioner received compensation, she is entitled to an
award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $30,935.71 in attorneys’ fees and costs for his counsel
(which includes $210.18 for out-of-pocket litigation expenses incurred by Petitioner per
General Order #9). Respondent has no objection to the amount requested for attorneys’
fees and costs.
After reviewing the request, the Court awards the following:
A sum of $30,725.53 in the form of a check made payable to Petitioner
and Petitioner’s attorney, Danielle Strait, of the law firm Maglio,
Christopher & Toale, for attorneys’ fees and costs available under 42
U.S.C. § 300aa-15(e). An additional sum of $210.18 payable solely to
Petitioner for her out-of-pocket expenses.
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the
clerk shall enter judgment accordingly.2
IT IS SO ORDERED.
s/Lisa Hamilton Fieldman
Lisa Hamilton-Fieldman
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.