VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00342
Package ID: USCOURTS-cofc-1_13-vv-00342
Petitioner: Amy Cain
Filed: 2014-03-26
Decided: 2014-04-08
Vaccine: influenza
Vaccination date: 2012-10-13
Condition: Miller-Fisher variant of Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 58000

AI-assisted case summary:
Amy Cain filed a petition on March 26, 2014, alleging that an influenza vaccine administered on October 13, 2012, caused her to develop the Miller-Fisher variant of Guillain-Barré Syndrome (GBS-MFV) and that she suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her condition. The parties subsequently filed a stipulation of fact agreeing to settle the case. Special Master Laura D. Millman issued a decision on April 8, 2014, adopting the stipulation and awarding Amy Cain $58,000.00 in compensation for all damages. Separately, on March 26, 2014, the parties also stipulated to attorneys' fees and costs. Special Master Laura D. Millman awarded $13,500.00 for attorneys' fees and costs, to be paid jointly to the petitioner and Maglio, Christopher & Toale, P.A. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by Danielle A. Strait, and respondent was represented by Debra A. Filteau Begley.

Theory of causation field:
Petitioner Amy Cain alleged that an influenza vaccine received on October 13, 2012, caused her to develop Miller-Fisher variant of Guillain-Barré Syndrome (GBS-MFV) and suffer residual effects for more than six months. Respondent denied causation. The parties reached a stipulation of fact to settle the case. The Special Master adopted the stipulation, awarding $58,000.00 for damages and $13,500.00 for attorneys' fees and costs. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation, with Special Master Laura D. Millman issuing the decisions on April 8, 2014 (damages) and March 26, 2014 (fees and costs). Petitioner's counsel was Danielle A. Strait, and respondent's counsel was Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00342-0
Date issued/filed: 2014-04-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/26/2014) regarding 21 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00342-UNJ Document 25 Filed 04/16/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-342V
Filed: March 26, 2014
Not for Publication
*************************************
AMY CAIN, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Danielle A. Strait, Washington, DC, for petitioner.
Debra A. Filteau Begley, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On March 26, 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 filed a statement on
March 26, 2014, asserting that she incurred no 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
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-00342-UNJ Document 25 Filed 04/16/14 Page 2 of 2
these objections, petitioner amends her request for reimbursement for attorneys’ fees and costs to
$13,500.00. Respondent does not object to this amount. The undersigned finds this amount to
be reasonable. Accordingly, the court awards $13,500.00, representing reimbursement for
attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to
petitioner and Maglio, Christopher & Toale, P.A. in the amount of $13,500.00.
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: March 26, 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-00342-1
Date issued/filed: 2014-04-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/08/2014) regarding 23 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00342-UNJ Document 31 Filed 04/30/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-342V
Filed: April 8, 2014
Not for Publication
*************************************
AMY CAIN, *
* Damages decision based on stipulation;
Petitioner, * influenza vaccine; Miller-Fisher variant
* of Guillain-Barré Syndrome
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Danielle A. Strait, Washington, DC, for petitioner.
Debra A. Filteau Begley, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On April 8, 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 Miller-Fisher variant
of Guillain-Barré Syndrome (“GBS-MFV”) that was caused by her October 13, 2012, receipt of
influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of this
injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s
GBS-MFV or any other condition. Nonetheless, the parties agreed to resolve this matter
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 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-00342-UNJ Document 31 Filed 04/30/14 Page 2 of 7
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
$58,000.00, 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 $58,000.00 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: April 8, 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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