VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00293
Package ID: USCOURTS-cofc-1_13-vv-00293
Petitioner: Matthew S. Rossen, as Personal Representative of the Estate of Holly L. Rossen
Filed: 2014-06-02
Decided: 2014-06-24
Vaccine: Tdap
Vaccination date: 2012-09-23
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Matthew S. Rossen, as Personal Representative of the Estate of Holly L. Rossen, filed a petition on June 2, 2014, alleging that his wife, Holly, suffered from Guillain-Barré Syndrome (GBS) caused by her Tdap and influenza vaccines received on September 23, 2012. The petition further alleged that Holly experienced residual effects for more than six months and that her death was a sequela of her vaccine injury. Respondent denied that Holly suffered an adverse reaction to her vaccines, denied that her death was a sequela of GBS, and denied that her death was vaccine-related. Despite the denials, the parties reached a stipulation to resolve the matter. The court adopted the stipulation and awarded compensation in the amount of $50,000.00 for all damages. Subsequently, on July 1, 2014, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $11,000.00, which the court also approved. The total compensation awarded was $61,000.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00293-0
Date issued/filed: 2014-06-24
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 06/02/2014) regarding 28 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00293-UNJ Document 31 Filed 06/24/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-293V
Filed: June 2, 2014
Not for Publication
*************************************
MATTHEW S. ROSSEN, *
as Personal Representative of the Estate of *
HOLLY L. ROSSEN, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * Tdap vaccine; flu vaccine; Guillain-Barré
* Syndrome
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioner.
Julia W. McInerny, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On June 2, 2014, the parties filed the attached stipulation in which they agreed to settle this
case and described the settlement terms. Petitioner alleges that his wife, Holly, suffered from
Guillain-Barré Syndrome (“GBS”) that was caused by her September 23, 2012, receipt of
Tetanus-diphtheria-acellular Pertussis (“Tdap”) and influenza (“flu”) vaccines. He further
alleges that Holly experienced the residual effects of this injury for more than six months and that
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-00293-UNJ Document 31 Filed 06/24/14 Page 2 of 8
Holly’s death was a sequela of her vaccine injury. Respondent denies that Holly suffered an
adverse reaction to her Tdap and/or flu vaccines, denies that Holly’s death was a sequela of her
GBS, and denies that her death was vaccine-related. Nonetheless, the parties 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
$50,000.00, 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 $50,000.00 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: June 2, 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-00293-1
Date issued/filed: 2014-07-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/01/2014) regarding 34 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00293-UNJ Document 37 Filed 07/23/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-293V
Filed: July 1, 2014
Not for Publication
*************************************
MATTHEW S. ROSSEN, as Personal *
Representative of the Estate of *
HOLLY L. ROSSEN, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioner.
Julia W. McInerny, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On July 1, 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 he did not
incur any costs in pursuit of his petition. Petitioner submitted his request for attorneys’ fees and
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-00293-UNJ Document 37 Filed 07/23/14 Page 2 of 2
costs to respondent. During informal discussions, respondent raised objections to certain items in
petitioner’s application. Based on these objections, petitioner amends his application for
attorneys’ fees and costs to $11,000.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $11,000.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Maglio, Christopher & Toale, P.A., in the amount of
$11,000.00.
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: July 1, 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