VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00348
Package ID: USCOURTS-cofc-1_13-vv-00348
Petitioner: Glynis Lee
Filed: 2014-10-16
Decided: 2014-12-17
Vaccine: influenza
Vaccination date: 2012-02-01
Condition: optic neuritis
Outcome: compensated
Award amount USD: 155842

AI-assisted case summary:
Glynis Lee filed a petition on October 16, 2014, alleging that she suffered optic neuritis as a result of an influenza vaccination received on February 1, 2012. She claimed to have experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused optic neuritis or any other injury. Despite this denial, the parties reached a joint stipulation to settle the case. Under the terms of the stipulation, Ms. Lee was awarded a lump sum of $150,000.00 for all damages. Additionally, a separate stipulation addressed attorneys' fees and costs, resulting in an award of $5,842.19, payable jointly to Ms. Lee and her attorney. The court adopted these stipulations, and judgment was entered accordingly. The case was treated as a Table claim, as optic neuritis is listed on the Vaccine Injury Table for influenza vaccines. The decision date for the attorneys' fees and costs was December 17, 2014, with the initial petition filed on October 16, 2014.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00348-0
Date issued/filed: 2014-11-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/16/2014) regarding 37 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00348-UNJ Document 42 Filed 11/06/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-348V
Filed: October 16, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
GLYNIS LEE, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza vaccine; Optic Neuritis.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Sean Franks Greenwood, Gauthier Houghtaling and Williams, Houston, TX, for petitioner.
Ann Donohue Martin, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On May 22, 2013, Glynis Lee (“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 she suffered optic neuritis as a result of an influenza (“flu”) vaccination that she received on
February 1, 2012. See Petition at 1. Petitioner further alleged that she experienced the residual
effects of these injuries for more than six months. Id. at 3.
On October 15, 2014, the parties filed a stipulation, stating that a decision should be
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-00348-UNJ Document 42 Filed 11/06/14 Page 2 of 7
entered awarding compensation.
Respondent denies that petitioner’s influenza vaccination caused optic neuritis or any
other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix
A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $150,000.00, in the form of a check payable to petitioner. This amount
represent compensation for all damages that would be available under 42 U.S.C. § 300aa-
15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
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

Case 1:13-vv-00348-UNJ Document 42 Filed 11/06/14 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
GLYNIS LEE, )
)
Petitioner, )
) No. 13-348V
v. ) Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Glynis Lee, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine Program”).
The petition seeks compensation for injuries allegedly related to petitioner’s receipt of the
influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§ 100.3(a).
2. Petitioner received an influenza vaccination on February 1, 2012.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered optic neuritis as a result of the vaccine. Petitioner
further alleges that she experienced residual effects of her condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her injuries.
6. Respondent denies that petitioner’s influenza vaccination caused optic neuritis or any
other injury.

Case 1:13-vv-00348-UNJ Document 42 Filed 11/06/14 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $150,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
2

Case 1:13-vv-00348-UNJ Document 42 Filed 11/06/14 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursed medical expenses, the money
provided pursuant to this Stipulation will be used solely for the benefit of petitioner as
contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the
conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccination administered on February 1,
2012, as alleged by petitioner in a petition for vaccine compensation filed on or about May 22,
2013, in the United States Court of Federal Claims as petition No. 13-348V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
3

Case 1:13-vv-00348-UNJ Document 42 Filed 11/06/14 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner to develop
optic neuritis or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:13-vv-00348-UNJ Document 42 Filed 11/06/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00348-1
Date issued/filed: 2014-12-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/26/2014) regarding 44 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. Modified on 12/31/2014 to correct date decision was originally filed.(dls).
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Case 1:13-vv-00348-UNJ Document 45 Filed 12/17/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 26, 2014
* * * * * * * * * * * * * * UNPUBLISHED
GLYNIS LEE, * No. 13-348V
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Sean Franks Greenwood, Gauthier Houghtaling and Williams, Houston, TX, for petitioner.
Ann Donohue Martin, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On May 22, 2013, Glynis Lee (“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 she suffered optic neuritis as a result of an influenza (“flu”) vaccination that she received on
February 1, 2012. See Petition at 1. On October 14, 2014, a decision was entered based on the
parties’ stipulation awarding compensation to petitioner.
On November 26, 2014, the parties filed a Stipulation of Facts Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire decision will be available to the
public. Id.
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-00348-UNJ Document 45 Filed 12/17/14 Page 2 of 2
attorneys’ fees and costs in the amount of $5,842.19. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not personally incur costs in pursuit of her claim.
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:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, Sean
Franks Greenwood, of Gauthier Houghtaling and Williams, in the amount of $5,842.19.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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