VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00065
Package ID: USCOURTS-cofc-1_13-vv-00065
Petitioner: Pamela Metcalf
Filed: 2014-09-15
Decided: 2015-02-24
Vaccine: influenza
Vaccination date: 2010-10-28
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 414927.9

AI-assisted case summary:
Pamela Metcalf filed a petition alleging that she suffered chronic inflammatory demyelinating polyneuropathy (CIDP) caused by her October 28, 2010, receipt of an influenza vaccine. She further alleged that she suffered residual effects for more than six months. The respondent denied that the flu vaccine caused her alleged CIDP or any other injury. The parties ultimately reached a stipulation to resolve the matter. The court adopted the stipulation and awarded compensation. This included a lump sum of $368,552.68 payable to Ms. Metcalf, reimbursement for a Network Health lien of $366,787.59, reimbursement for a Commonwealth of Massachusetts Medicaid lien of $11,846.61, and reimbursement for a Boston Medical Center HealthNet Plan lien of $9,336.30. An additional amount was awarded to purchase an annuity. Subsequently, on February 24, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $46,375.00, which the court approved. The total compensation awarded, including the attorneys' fees and costs, was $414,927.90.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00065-0
Date issued/filed: 2014-10-08
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 09/15/2014) regarding 38 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00065-UNJ Document 43 Filed 10/08/14 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-65V
Filed: September 15, 2014
Not for Publication
*************************************
PAMELA METCALF, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; chronic
* inflammatory demyelinating polyneuropathy
SECRETARY OF HEALTH * (CIDP)
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 15, 2014, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that she suffered chronic
inflammatory demyelinating polyneuropathy (“CIDP”) that was caused by her October 28, 2010,
receipt of influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual effects
of this injury for more than six months. Respondent denies that the flu vaccine caused
petitioner’s alleged CIDP, any other injury, or her current condition. Nonetheless, the parties
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 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 1:13-vv-00065-UNJ Document 43 Filed 10/08/14 Page 2 of 10
agreed to resolve this matter informally.
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 $368,552.68, in the form of a check payable to petitioner;
b. a lump sum of $366,787.59, representing reimbursement of a Network Health lien, in the
form of a check payable jointly to petitioner and
Network Health
101 Station Landing, 4th Floor
Medford, MA 02155
Attn: Cathy K. Faherty – Claims Recovery
Petitioner agrees to endorse this check to Network Health;
c. a lump sum of $11,846.61, representing reimbursement of a Commonwealth of
Massachusetts Medicaid lien, in the form of a check made payable jointly to petitioner and
COMMONWEALTH OF MASSACHUSETTS – CRU
COMMONWEALTH OF MA
Casualty Recovery
P.O. Box 417811
Boston, MA 02241-7811
Attn: Robin Richard
Petitioner agrees to endorse this check to the Commonwealth of Massachusetts;
d. a lump sum of $9,336.30, representing reimbursement of a Boston Medical Center
HealthNet Plan lien, in the form of a check payable jointly to petitioner and
Boston Medical Center HealthNet Plan
Two Copley Place, Suite 600
Boston, MA 02116
Attn: Kelvin Britto
Petitioner agrees to endorse this check to Boston Medical Center HealthNet Plan; and
e. an amount sufficient 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.
2

Case 1:13-vv-00065-UNJ Document 43 Filed 10/08/14 Page 3 of 10
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 15, 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.
3

Case 1:13-vv-00065-UNJ Document 43 Filed 10/08/14 Page 4 of 10

Case 1:13-vv-00065-UNJ Document 43 Filed 10/08/14 Page 5 of 10

Case 1:13-vv-00065-UNJ Document 43 Filed 10/08/14 Page 6 of 10

Case 1:13-vv-00065-UNJ Document 43 Filed 10/08/14 Page 7 of 10

Case 1:13-vv-00065-UNJ Document 43 Filed 10/08/14 Page 8 of 10

Case 1:13-vv-00065-UNJ Document 43 Filed 10/08/14 Page 9 of 10

Case 1:13-vv-00065-UNJ Document 43 Filed 10/08/14 Page 10 of 10

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00065-1
Date issued/filed: 2015-03-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/24/2015) regarding 47 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00065-UNJ Document 50 Filed 03/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-65V
Filed: February 24, 2015
Not for Publication
*************************************
PAMELA METCALF, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On February 24, 2015, 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 she did not
incur any costs in pursuit of her petition. Petitioner filed her application for attorneys’ fees and
costs on January 29, 2015. During informal discussions, respondent raised objections to certain
items in petitioner’s application. Based on these objections, petitioner amends her 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 1:13-vv-00065-UNJ Document 50 Filed 03/17/15 Page 2 of 2
attorneys’ fees and costs to $46,375.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $46,375.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Conway, Homer & Chin-Caplan, P.C. in the amount of
$46,375.00.
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: February 24, 2015 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