VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00142
Package ID: USCOURTS-cofc-1_13-vv-00142
Petitioner: Sherrie A. Rasmussen
Filed: 2013-02-26
Decided: 2014-11-05
Vaccine: influenza
Vaccination date: 2011-09-05
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Sherrie A. Rasmussen filed a petition on February 26, 2013, alleging that an influenza (flu) vaccination she received on September 5, 2011 caused her to develop Guillain-Barré syndrome (GBS) and that she experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed October 9, 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 $60,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $22,000.00, payable jointly to petitioner and her counsel, Diana S. Sedar of Maglio Christopher & Toale. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Sep 5, 2011 → GBS (residual >6 months). Joint stipulation Oct 9, 2014; SM Moran. Comp $60,000. Fees $22,000 (Sedar, Maglio Christopher & Toale, Sarasota FL).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00142-0
Date issued/filed: 2014-11-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/10/2014) regarding 43 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. (Additional attachment(s) added on 11/5/2014: # (1) Stipulation) (tjk). Modified on 7/10/2019 to include the attachment(s) in the main document for posting to the courts website (da).
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Case 1:13-vv-00142-UNJ Document 51 Filed 11/05/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SHERRIE A. RASMUSSEN, *
* No. 13-142V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: October 10, 2014
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio, Christopher, & Toale, Sarasota, FL, for Petitioner;
Tara J. Kilfoyle, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On October 9, 2014, the parties filed a joint stipulation concerning the
petition for compensation filed by Sherrie A. Rasmussen on February 26, 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 5, 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-00142-UNJ Document 51 Filed 11/05/14 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 lump sum payment of $60,000.00 in the form of a check payable to
Sherrie A. Rasmussen. 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 13-142V 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-00142-1
Date issued/filed: 2014-11-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/10/2014) regarding 45 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00142-UNJ Document 52 Filed 11/05/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SHERRIE A. RASMUSSEN, *
*
Petitioner, * No. 13-142V
* Special Master Christian J. Moran
*
v. * Filed: October 10, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio, Christopher, & Toale, Sarasota, FL, for Petitioner;
Tara J. Kilfoyle, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On October 10, 2014, respondent 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 $ 22,000.00, an amount to which respondent does not object.
The Court awards this amount.
On February 26, 2013, Sherrie A. Rasmussen filed a petition for
compensation alleging that the influenza vaccine, which she received on
September 5, 2011, caused her to suffer Guillain-Barré syndrome (“GBS”).
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-00142-UNJ Document 52 Filed 11/05/14 Page 2 of 2
Petitioner received compensation based upon the parties’ stipulation. Decision,
filed Oct. 10, 2014. Because petitioner received compensation, she is entitled to an
award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $22,000.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she has not incurred in 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. A lump sum of $22,000.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Diana S.Sedar, 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)
357-6521.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master