VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00335 Package ID: USCOURTS-cofc-1_13-vv-00335 Petitioner: TERESA N. GORE Filed: 2014-02-04 Decided: 2014-02-04 Vaccine: influenza Vaccination date: 2012-10-15 Condition: transverse myelitis Outcome: compensated Award amount USD: 198669 AI-assisted case summary: Teresa N. Gore received an influenza vaccine on October 15, 2012, and alleged that she suffered from transverse myelitis as a result. She further alleged that she experienced residual effects from this injury for more than six months. Respondent denied that the transverse myelitis or any other injury was caused by the vaccine. Despite the denial, the parties reached a stipulation to resolve the matter. The court adopted the stipulation and awarded Teresa N. Gore $198,669.93 in compensation. Additionally, the parties agreed on attorneys' fees and costs, and the court awarded $15,393.89, payable jointly to the petitioner and her counsel. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00335-0 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-00335-UNJ Document 19 Filed 02/25/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-335V Filed: February 4, 2014 Not for Publication ************************************* TERESA N. GORE, * * Petitioner, * * Damages decision based on v. * stipulation; influenza vaccine; * transverse myelitis; fees and SECRETARY OF HEALTH * costs decision based on stipulation AND HUMAN SERVICES, * * Respondent. * * ************************************* Nancy R. Meyers, Greensboro, NC, for petitioner. Lisa A. Watts, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1 On February 4, 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 from transverse myelitis as a result of her receipt of influenza vaccine on October 15, 2012. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s alleged transverse myelitis or any other injury was caused by the influenza vaccine and further denies that petitioner’s current disabilities are sequelae of a 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-00335-UNJ Document 19 Filed 02/25/14 Page 2 of 7 vaccine-related injury. Nonetheless, the parties agreed to resolve this matter informally. The court finds the terms to be reasonable, hereby adopts the parties’ stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $198,669.93. The award shall be in the form of a check for $198,669.93 made payable to petitioner. The parties have also agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with the General Order #9 requirement, petitioner’s counsel asserts that petitioner incurred no costs in pursuit of her petition. Petitioner requests $15,393.89 in attorneys’ fees and costs, to which respondent does not object. The undersigned finds this amount to be reasonable. Accordingly, the court awards $15,393.89, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Ward Black Law in the amount of $15,393.89. 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 4, 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-00335-UNJ Document 19 Filed 02/25/14 Page 3 of 7 Case 1:13-vv-00335-UNJ Document 19 Filed 02/25/14 Page 4 of 7 Case 1:13-vv-00335-UNJ Document 19 Filed 02/25/14 Page 5 of 7 Case 1:13-vv-00335-UNJ Document 19 Filed 02/25/14 Page 6 of 7 Case 1:13-vv-00335-UNJ Document 19 Filed 02/25/14 Page 7 of 7