VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00093
Package ID: USCOURTS-cofc-1_13-vv-00093
Petitioner: Rita Stauffer
Filed: 2013-02-01
Decided: 2015-06-03
Vaccine: influenza
Vaccination date: 2011-09-06
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Rita Stauffer filed a petition on February 1, 2013, alleging that an influenza (flu) vaccination she received on September 6, 2011 caused her to develop Guillain-Barré syndrome (GBS). Petitioner further alleged that she suffered the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner to suffer GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed December 17, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $110,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). In addition, a separate payment of $10,596.52 was made jointly to petitioner and the Pennsylvania Department of Public Welfare to reimburse the Commonwealth's Medicaid lien. The parties subsequently agreed to attorneys' fees and costs of $24,490.00, payable jointly to petitioner and her counsel, Danielle A. Strait of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Sep 6, 2011 → GBS. Joint stipulation Dec 17, 2014; SM Moran. Comp $110,000 + PA Medicaid lien $10,596.52 (separate). Fees $24,490 (Strait, Maglio Christopher & Toale PA, Washington DC).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00093-0
Date issued/filed: 2015-01-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/18/2014) regarding 53 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00093-UNJ Document 57 Filed 01/14/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
RITA STAUFFER, *
* No. 13-93V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: December 18, 2014
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio, Christopher & Toale,Washington, DC, for Petitioner;
Michael P. Milmoe, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On December 17, 2014, the parties filed a joint stipulation concerning the
petition for compensation filed by Rita Stauffer on February 1, 2013. In her
petition, petitioner alleged that the influenza vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received
on September 6, 2011, caused her to suffer Guillain-Barré Syndrome (“GBS”).
Petitioner further alleges that she suffered the residual effects of this injury for
more than six months. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on her behalf as a result of her condition.
Respondent denies that the influenza vaccine caused petitioner to suffer
GBS or any other injury.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00093-UNJ Document 57 Filed 01/14/15 Page 2 of 7
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. a lump sum payment of 10,596.52, which amount represents the
reimbursement of a Commonwealth of Pennsylvania Medicaid lien, in
the form of check payable jointly to petitioner, and
Pennsylvania Department of Public Welfare
Bureau of Program Integrity
Division of Third Party Liability
Recovery Section
P.O. Box 8486
Harrisburg, PA 17105-8486
Attn: Susan E. Naylor
Petitioner agrees to endorse this check to the appropriate State
agency.
B. a lump sum payment of $110,000.00 in the form of a check payable to
Rita Stauffer. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-93V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6521.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
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

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00093-1
Date issued/filed: 2015-06-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/8/2015) regarding 59 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00093-UNJ Document 62 Filed 06/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
RITA STAUFFER, * No. 13-093V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: May 8, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner;
Michael Milmoe, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On May 8, 2015, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
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 $24,490.00, an amount to which respondent does not object.
The Court awards this amount.
On February 1, 2013, Rita Stauffer filed a petition for compensation alleging
that the influenza (“flu”) vaccine, which she received on September 6, 2011,
caused her to suffer Guillain-Barré Syndrome (“GBS”). Petitioner received
compensation based upon the parties’ stipulation. Decision, filed Dec. 18, 2014.
Because petitioner received compensation, she is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00093-UNJ Document 62 Filed 06/03/15 Page 2 of 2
Petitioner seeks a total of $24,490.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $24,490.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Danielle A. Strait, Esq., of the law
firm Maglio, Christopher & Toale, PA, 1605 Main Street, Suite 710,
Sarasota, Florida 34236, for attorneys’ fees and other litigation costs
available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6360.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2