VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00181
Package ID: USCOURTS-cofc-1_13-vv-00181
Petitioner: Jacqueline Carney
Filed: 2013-03-08
Decided: 2015-02-13
Vaccine: influenza
Vaccination date: 2011-09-27
Condition: hearing loss, dizziness, and balance problems
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Jacqueline Carney filed a petition on March 8, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on September 27, 2011, caused her to develop hearing loss, dizziness, and balance problems. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged injuries. Despite the denial, both parties entered into a joint stipulation on December 15, 2014, to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $15,000.00, intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on January 22, 2015, the parties filed a stipulation regarding attorneys' fees and costs. The parties agreed to an award of $19,100.00 for attorneys' fees and costs, payable jointly to Jacqueline Carney and her counsel, Danielle Strait of Maglio, Christopher & Toale, PA. Petitioner represented that she had not personally incurred any out-of-pocket litigation expenses. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis, making the award for fees and costs appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1). The public decision does not describe the specific onset of symptoms, medical examinations, or treatments undertaken by the petitioner.

Theory of causation field:
Petitioner Jacqueline Carney alleged that an influenza vaccine administered on September 27, 2011, caused her to suffer from hearing loss, dizziness, and balance problems. The respondent denied causation. The parties entered into a joint stipulation on December 15, 2014, agreeing to compensation. Special Master Lisa Hamilton-Fieldman adopted the stipulation, awarding Petitioner $15,000.00 for all damages under 42 U.S.C. § 300aa-15(a). A subsequent stipulation on January 22, 2015, addressed attorneys' fees and costs, resulting in an award of $19,100.00, payable jointly to Petitioner and her counsel, Danielle Strait of Maglio, Christopher & Toale, PA. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical basis for the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00181-0
Date issued/filed: 2015-01-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/16/2014) regarding 29 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00181-UNJ Document 33 Filed 01/07/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-181V
Filed: December 16, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
JACQUELINE CARNEY, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Hearing
* Loss; Dizziness; Balance Problems.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Danielle Strait, Maglio Christopher & Toale, PA, Washington, D.C., for Petitioner.
Ryan Pyles, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On March 8, 2013, Jacqueline Carney (“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 she suffered from hearing loss, dizziness, and balance problems as a result
of an influenza (“flu”) vaccine administered to her on September 27, 2011.
On December 15, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccine caused
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-00181-UNJ Document 33 Filed 01/07/15 Page 2 of 7
Petitioner’s dizziness, hearing loss, tinnitus, and/or balance problems, and/or any other injury.
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 parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $15,000.00, in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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

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CCaassee 11::1133--vvvv--0000118811--UUNNJJ DDooccuummeenntt 2383 FFiilleedd 1021//1057//1145 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00181-1
Date issued/filed: 2015-02-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/23/2015) regarding 35 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00181-UNJ Document 38 Filed 02/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-181V
Filed: January 23, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
JACQUELINE CARNEY, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable Amount
* Requested to which Respondent Does Not
SECRETARY OF HEALTH * Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner.
Ryan Pyles, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On March 8, 2013, Jacqueline Carney (“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 she
suffered from hearing loss, dizziness, and balance problems as a result of an influenza (“flu”) vaccine
administered to her on September 27, 2011. On December 16, 2014, the undersigned issued a decision
awarding compensation.
On January 22, 2015, the parties filed a stipulation regarding attorneys’ fees and costs.
The parties have agreed to an award of $19,100.00 for attorneys’ fees and costs. In accordance with
General Order Number 9, Petitioner represents that she has not personally incurred any expenses in
pursuit of her claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42
1 The undersigned intends to post this unpublished decision on the United States Court of Federal
Claims’ website, 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 file a motion for redaction “of any information furnished by
that party (1) that is trade secret or commercial or financial information and is privileged or confidential,
or (2) that are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” In the absence of such motion, the entire decision will be available to
the public. Id.
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-00181-UNJ Document 38 Filed 02/13/15 Page 2 of 2
U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate.
Accordingly, the undersigned hereby awards the amount of $19,100.00, in the form of a check made
payable jointly to Petitioner and Petitioner’s counsel, Danielle Strait, of the law firm of Maglio,
Christopher & Toale, PA.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court
SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
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