VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00273
Package ID: USCOURTS-cofc-1_13-vv-00273
Petitioner: Georgia Murdock
Filed: 2013-04-19
Decided: 2014-12-08
Vaccine: Tdap and flu
Vaccination date: 2012-02-25
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
Georgia Murdock filed a petition on April 19, 2013, alleging that tetanus-diphtheria-acellular pertussis (Tdap) and influenza (flu) vaccinations she received on February 25, 2012 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 Tdap and/or flu vaccine caused petitioner's GBS, any other injury, or her current disabilities.

Nonetheless, both parties agreed to a joint stipulation filed June 27, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $105,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $16,662.25, payable jointly to petitioner and her counsel, Danielle A. Strait of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Tdap + flu Feb 25, 2012 → GBS (residual >6 months). Joint stipulation Jun 27, 2014; SM Gowen. Comp $105,000. Fees $16,662.25 (Strait, Maglio Christopher & Toale PA, Washington DC). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00273-0
Date issued/filed: 2014-07-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/27/2014) regarding 33 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00273-UNJ Document 37 Filed 07/22/14 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-273V
Filed: June 27, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GEORGIA MURDOCK, *
*
Petitioner, *
v. * Stipulation; Tdap; Flu; GBS
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Esq., Maglio, Christopher & Toale, PA (DC), Washington, DC, for
petitioner.
Michael Milmoe, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Georgia Murdock [“petitioner”] filed a petition for compensation under the
National Vaccine Injury Compensation Program2 on April 19, 2013. Petitioner alleges
that she suffered Guillain-Barre syndrome [“GBS”] that was caused in fact by the Tdap
and/or flu vaccine she received on February 25, 2012. See Stipulation, filed June 27,
2014, at ¶¶ 2, 4. Further, petitioner alleges that she experienced residual effects of her
injury for more than six months. Id. at ¶ 4. Respondent denies that the Tdap and/or flu
vaccine caused petitioner’s alleged GBS, or any other injury, and further denies that
petitioner’s current disabilities are sequelae of a vaccine-related injury. Id. at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:13-vv-00273-UNJ Document 37 Filed 07/22/14 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On June 27, 2014, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms.
Respondent agrees to pay petitioner:
(a) A lump sum of $105,000.00 in the form of a check payable to
petitioner, Georgia Murdock. This amount represents compensation
for all damages that would be available under § 300aa-15(a).
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

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Case 1:13-vv-00273-UNJ Document 37 Filed 07/22/14 Page 4 of 7

Case 1:13-vv-00273-UNJ Document 37 Filed 07/22/14 Page 5 of 7

Case 1:13-vv-00273-UNJ Document 37 Filed 07/22/14 Page 6 of 7

Case 1:13-vv-00273-UNJ Document 37 Filed 07/22/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00273-1
Date issued/filed: 2014-12-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/14/2014) regarding 40 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00273-UNJ Document 44 Filed 12/08/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-273V
Filed: November 14, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
GEORGIA MURDOCK, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Michael P. Milmoe, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On April 19, 2013, Georgia Murdock (“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 as a result of receiving a Tetanus-diptheria-acellular-pertussis (“Tdap”)
and influenza (“Flu”) vaccines on February 25, 2012, she developed Guillain Barre Syndrome
(“GBS”). Petition at ¶¶ 1, 4. On June 27, 2014, the parties filed a stipulation in which they
agreed to an award of compensation to petitioner. On that same day, the undersigned issued a
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-00273-UNJ Document 44 Filed 12/08/14 Page 2 of 2
Decision adopting the parties’ stipulation for an award. See Decision on J. Stip., filed June 27,
2014.
On November 13, 2014, the parties filed a stipulation concerning attorneys’ fees and
costs. Petitioner requests a total award of attorneys’ fees and costs in the amount of $16,662.25.
Respondent does not object. See Stip. of Fact Concerning Attorneys’ Fes and Costs at ¶ 1. In
accordance with General Order #9, petitioner represents that she did not personally incur any
costs related to this proceeding. Id. at ¶ 2.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Danielle A. Strait, of Maglio Christopher & Toale, PA, in the amount of $16,662.25.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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