VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00104
Package ID: USCOURTS-cofc-1_13-vv-00104
Petitioner: Audrey Hodle
Filed: 2015-09-11
Decided: 2015-11-06
Vaccine: Tdap
Vaccination date: 2011-02-16
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 280015

AI-assisted case summary:
Audrey Hodle filed a petition on September 11, 2015, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of receiving a Tdap vaccination on or about February 16, 2011. She further alleged that she experienced residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccination caused Ms. Hodle's GBS or any other injury. Nevertheless, the parties reached a joint stipulation for damages, which was adopted by the court. The court awarded Ms. Hodle a total of $280,015.62 in compensation for all damages, including a lump sum payment and an annuity contract. Additionally, a separate stipulation addressed attorneys' fees and costs, with the court approving an award of $75,000.00 to Ms. Hodle and her attorney. The case was resolved through a joint stipulation on damages and attorneys' fees and costs, with judgment entered accordingly.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00104-0
Date issued/filed: 2015-10-21
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 09/11/2015) regarding 41 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00104-UNJ Document 49 Filed 10/21/15 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-104V
Filed: September 11, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
AUDREY HODLE, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Tdap Vaccine; Guillain-Barré
* Syndrome.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for petitioner.
Glenn A. MacLeod, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On February 7, 2013, Audrey Hodle (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving a Tetanus-Diptheria-acellular Pertussis (“Tdap”) vaccination on or
about February 16, 2011, she suffered Guillian-Barré Syndrome (“GBS”). Stipulation ¶ 2, 4, filed
Sep. 11, 2015. Further, petitioner alleged that she experienced residual effects of her injury for
more than six months. Petition at ¶ 24.
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 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 1:13-vv-00104-UNJ Document 49 Filed 10/21/15 Page 2 of 9
On September 11, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the Tdap vaccination caused
petitioner’s GBS or any other injury. Stipulation at ¶ 6. 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 undersigned awards petitioner the following compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a):
1. A lump sum payment of $280,015.62 in the form of a check payable to petitioner,
Audrey Hodle; and
2. An amount sufficient to purchase an annuity contract to provide the benefits
described in paragraph 10 of the stipulation, to be paid to a life insurance
company meeting the criteria described in paragraph 9.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 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 1:13-vv-00104-UNJ Document 49 Filed 10/21/15 Page 3 of 9

Case 1:13-vv-00104-UNJ Document 49 Filed 10/21/15 Page 4 of 9

Case 1:13-vv-00104-UNJ Document 49 Filed 10/21/15 Page 5 of 9

Case 1:13-vv-00104-UNJ Document 49 Filed 10/21/15 Page 6 of 9

Case 1:13-vv-00104-UNJ Document 49 Filed 10/21/15 Page 7 of 9

Case 1:13-vv-00104-UNJ Document 49 Filed 10/21/15 Page 8 of 9

Case 1:13-vv-00104-UNJ Document 49 Filed 10/21/15 Page 9 of 9

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00104-1
Date issued/filed: 2015-11-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/16/2015) regarding 46 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00104-UNJ Document 50 Filed 11/06/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-104V
Filed: October 16, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
AUDREY HODLE, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Attorneys’ Fees and Costs.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for petitioner.
Glenn A. MacLeod, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On February 7, 2013, Audrey Hodle (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged
that as a result of receiving a Tetanus-diptheria-acellular-pertussis (“Tdap”) vaccine on or about
February 16, 2011, she suffered Guillain-Barre Syndrome. Petition at Preamble. On September 11,
2015, the parties filed a stipulation in which they agreed to an award of compensation to petitioner.
On that same day, the undersigned issued a decision adopting the parties’ stipulation for an award.
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 (2012)). 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 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 (2012) (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 1:13-vv-00104-UNJ Document 50 Filed 11/06/15 Page 2 of 2
See Decision on J. Stip., docket no. 41, filed Sept. 11, 2015.
On October 15, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $75,000.00. Stip. for
Fees and Costs ¶ 5. Respondent does not object. Id. at ¶ 4. In accordance with General Order #9,
petitioner represents that she did not incur any reimbursable costs in pursuit of this claim. Id.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300
aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Lawrence R. Cohan, of Anapol, Schwartz, et al., in the amount of $75,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 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