VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00140
Package ID: USCOURTS-cofc-1_13-vv-00140
Petitioner: Theresa A. Royal
Filed: 2014-04-10
Decided: 2014-11-17
Vaccine: influenza
Vaccination date: 2011-10-12
Condition: lichenoid drug eruption
Outcome: compensated
Award amount USD: 81300

AI-assisted case summary:
On April 10, 2014, Theresa A. Royal filed a petition alleging that she developed lichenoid drug eruption as a result of receiving an influenza vaccine on October 12, 2011, and that she suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's condition or that she experienced residual effects for the alleged duration. The parties subsequently reached a stipulation to resolve the matter. Special Master Laura D. Millman adopted the stipulation and awarded Theresa A. Royal $81,300.00 in compensation for all damages. This award was to be paid via a check made payable to the petitioner. On November 17, 2014, the parties filed a stipulation regarding attorneys' fees and costs. The petitioner asserted that she did not incur any costs. Following discussions where the respondent raised objections to certain items in the petitioner's application, the petitioner amended her application to $39,000.00, which included fees and costs for her co-counsel, The Law Offices of Michael Lawson Neff, P.C. The respondent did not object to this amount. Special Master Millman found the amount reasonable and awarded $39,000.00 for attorneys' fees and costs, payable by check jointly to the petitioner and her counsel, Shoemaker, Gentry & Knickelbein.

Theory of causation field:
Petitioner Theresa A. Royal alleged that an influenza vaccine administered on October 12, 2011, caused her to develop lichenoid drug eruption, with residual effects lasting more than six months. Respondent denied causation and duration of effects. The parties resolved the case via stipulation. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. Special Master Laura D. Millman awarded $81,300.00 for damages and $39,000.00 for attorneys' fees and costs, payable jointly to the petitioner and her counsel, Clifford J. Shoemaker of Shoemaker, Gentry & Knickelbein. The decision was based on a stipulation, not a finding of fact after litigation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00140-0
Date issued/filed: 2014-05-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/10/2014) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00140-UNJ Document 34 Filed 05/01/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-140V
Filed: April 10, 2014
Not for Publication
*************************************
THERESA A. ROYAL, *
* Damages decision based on stipulation;
Petitioner, * influenza vaccine; lichenoid drug eruption
*
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Clifford J. Shoemaker, Vienna, VA, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On April 10, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that she developed lichenoid drug
eruption as a result of her October 12, 2011, 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 lichenoid drug eruption and that she
experienced residual effects of this injury for more than six months. 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-00140-UNJ Document 34 Filed 05/01/14 Page 2 of 7
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 lump sum of
$81,300.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $81,300.00 made payable to
petitioner.
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: April 10, 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-00140-1
Date issued/filed: 2014-12-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/17/2014) regarding 38 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00140-UNJ Document 41 Filed 12/08/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-140V
Filed: November 17, 2014
Not for Publication
*************************************
THERESA A. ROYAL, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Clifford J. Shoemaker, Vienna, VA, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On November 17, 2014, 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 October 3, 2014. 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-00140-UNJ Document 41 Filed 12/08/14 Page 2 of 2
attorneys’ fees and costs to $39,000.00. This amount also includes final attorneys’ fees and costs
for petitioner’s co-counsel, The Law Offices of Michael Lawson Neff, P.C. Respondent does not
object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the
court awards $39,000.00, representing reimbursement for attorneys’ fees and costs. The award
shall be in the form of a check payable jointly to petitioner and Shoemaker, Gentry & Knickelbein
in the amount of $39,000.00.
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: November 17, 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