VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00252 Package ID: USCOURTS-cofc-1_13-vv-00252 Petitioner: EDWINA BRADSHAW Filed: 2014-02-03 Decided: 2014-02-06 Vaccine: influenza Vaccination date: 2010-10-06 Condition: Guillain-Barré syndrome (“GBS”) Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Edwina Bradshaw received an influenza vaccine on October 6, 2010. She alleged that this vaccine caused her to develop Guillain-Barré syndrome (GBS) and that she experienced residual effects for more than six months. Respondent denied that the flu vaccine caused her GBS or any other condition. The parties reached a stipulation to resolve the case. The court awarded Edwina Bradshaw $100,000.00 for all damages. Separately, the parties stipulated to attorneys' fees and costs, and the court awarded $14,322.11. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00252-0 Date issued/filed: 2014-02-25 Pages: 7 Docket text: PUBLIC DECISION Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00252-UNJ Document 25 Filed 02/25/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-252V Filed: February 3, 2014 Not for Publication ************************************* EDWINA BRADSHAW, * * Petitioner, * * Damages decision based on stipulation; v. * flu vaccine; Guillain-Barré syndrome * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Peter J. Sarda, Raleigh, NC, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On February 3, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) that was caused by her October 6, 2010, receipt of influenza (“flu”) vaccine. She further alleges that she experienced the residual effects of this injury for more than six months. Respondent denies that flu vaccine caused petitioner’s GBS and residual effects, 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 Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the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’ 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-00252-UNJ Document 25 Filed 02/25/14 Page 2 of 7 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 $100,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check for $100,000.00 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: February 3, 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 Case 1:13-vv-00252-UNJ Document 25 Filed 02/25/14 Page 3 of 7 Case 1:13-vv-00252-UNJ Document 25 Filed 02/25/14 Page 4 of 7 Case 1:13-vv-00252-UNJ Document 25 Filed 02/25/14 Page 5 of 7 Case 1:13-vv-00252-UNJ Document 25 Filed 02/25/14 Page 6 of 7 Case 1:13-vv-00252-UNJ Document 25 Filed 02/25/14 Page 7 of 7 February 3, 2014 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00252-1 Date issued/filed: 2014-02-25 Pages: 2 Docket text: PUBLIC DECISION Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00252-UNJ Document 26 Filed 02/25/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-252V Filed: February 6, 2014 Not for Publication ************************************* EDWINA BRADSHAW, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Peter J. Sarda, Raleigh, NC, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On February 6, 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 out-of-pocket expenses in pursuit of her petition. Petitioner submitted her request 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 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-00252-UNJ Document 26 Filed 02/25/14 Page 2 of 2 amends her request for reimbursement for attorneys’ fees and costs to $14,322.11. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $14,322.11, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Creech Law Firm, P.A. in the amount of $14,322.11. 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 6, 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