VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00111
Package ID: USCOURTS-cofc-1_13-vv-00111
Petitioner: Jennifer Smith
Filed: 2014-12-15
Decided: 2015-02-10
Vaccine: influenza
Vaccination date: 2011-09-30
Condition: neurological injury
Outcome: compensated
Award amount USD: 476000

AI-assisted case summary:
On December 15, 2014, Jennifer Smith filed a petition alleging that she suffered a neurological injury caused by influenza and tetanus-diphtheria-acellular-pertussis (Tdap) vaccines she received on September 30, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the petitioner's alleged injury or any other condition. The parties subsequently reached a settlement through a stipulation of fact. Special Master Laura D. Millman adopted the stipulation and awarded compensation. The award included a lump sum of $450,000.00 for all damages, payable to the petitioner. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded and to be paid to the life insurance company from which the annuity would be purchased. On February 10, 2015, the parties filed a separate stipulation regarding attorneys' fees and costs. Petitioner asserted that she incurred no costs. After discussions where the respondent raised objections to certain items in the petitioner's initial application, the petitioner amended her application to $26,000.00. The respondent did not object to this revised amount. Special Master Millman found the $26,000.00 to be reasonable and awarded it as reimbursement for attorneys' fees and costs. This award was to be paid by check jointly to Jennifer Smith and her attorneys, Maglio, Christopher & Toale, P.A. The total compensation awarded to Jennifer Smith was $476,000.00 ($450,000.00 for damages plus $26,000.00 for fees and costs). The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Danielle A. Strait, and respondent was represented by Gordon E. Shemin.

Theory of causation field:
Petitioner Jennifer Smith alleged that influenza and Tdap vaccines administered on September 30, 2011, caused a neurological injury. Respondent denied causation. The parties resolved the case via stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The Special Master adopted the parties' stipulation, awarding $450,000.00 for damages and an amount for an annuity, plus $26,000.00 for attorneys' fees and costs, totaling $476,000.00. Special Master Laura D. Millman issued the decisions on February 10, 2015 (fees) and December 15, 2014 (damages). Petitioner's counsel was Danielle A. Strait, and respondent's counsel was Gordon E. Shemin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00111-0
Date issued/filed: 2015-01-07
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/15/2014) regarding 40 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00111-UNJ Document 48 Filed 01/07/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-111V
Filed: December 15, 2014
Not for Publication
*************************************
JENNIFER SMITH, *
*
Petitioner, * Damages decision based on stipulation;
* influenza vaccine; tetanus-diphtheria-
v. * acellular-pertussis (Tdap) vaccine;
* neurological injury
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Danielle A. Strait, Washington, DC, for petitioner.
Gordon E. Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On December 15, 2014, the parties filed a stipulation in which they agreed to settle this
case and described the settlement terms. Petitioner alleges that she suffered a neurological injury
that was caused by her September 30, 2011 receipt of influenza (“flu”) and
tetanus-diphtheria-acellular-pertussis (“Tdap”) vaccines. Respondent denies that the flu and/or
Tdap vaccines caused petitioner to suffer a neurological injury, any other injury, or her current
condition. 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’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-00111-UNJ Document 48 Filed 01/07/15 Page 2 of 8
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 $450,000.00, representing compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for
$450,000.00 made payable to petitioner; and
b. an amount sufficient to purchase the annuity contract described in paragraph 10 of the
attached stipulation. The award shall be 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: December 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.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00111-1
Date issued/filed: 2015-03-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/10/2015) regarding 50 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00111-UNJ Document 53 Filed 03/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-111V
Filed: February 10, 2015
Not for Publication
*************************************
JENNIFER SMITH, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Danielle A. Strait, Washington, DC, for petitioner.
Gordon Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On February 10, 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 submitted a draft application 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 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-00111-UNJ Document 53 Filed 03/03/15 Page 2 of 2
attorneys’ fees and costs to $26,000.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $26,000.00,
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
$26,000.00.
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 10, 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