VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00359
Package ID: USCOURTS-cofc-1_13-vv-00359
Petitioner: Amanda Lacroix
Filed: 2013-05-28
Decided: 2015-10-30
Vaccine: Meningococcal (Menactra)
Vaccination date: 2011-12-03
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 250000

AI-assisted case summary:
Amanda Lacroix filed a petition on May 28, 2013, alleging that a meningococcal (Menactra) vaccination she received on December 3, 2011 caused her to develop transverse myelitis (TM) with resulting neurologic injuries and that she experienced the residual effects of this injury for more than six months. Respondent denied that the vaccine caused petitioner's transverse myelitis or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed July 22, 2015 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner's compensation included a lump sum of $250,000.00 for damages available under 42 U.S.C. § 300aa-15(a), along with an annuity to cover future costs. The parties subsequently agreed to attorneys' fees and costs of $46,000.00, payable jointly to petitioner and her counsel, Michael A. Baseluos. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Meningococcal (Menactra) Dec 3, 2011 → TM with neurologic injuries (residual >6 months). Joint stipulation Jul 22, 2015; SM/Chief SM Dorsey. Comp: lump sum $250,000 + annuity (purchase price unknown). Fees $46,000 (Baseluos, San Antonio TX).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00359-0
Date issued/filed: 2015-08-12
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/22/2015) regarding 48 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00359-UNJ Document 53 Filed 08/12/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-359V
Filed: July 22, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
AMANDA LACROIX, *
*
Petitioner, * Special Master Dorsey
*
v. *
*
SECRETARY OF HEALTH * Joint Stipulation on Damages;
AND HUMAN SERVICES, * Meningococcal (Menactra) Vaccine;
* Transverse Myelitis (TM)
Respondent. *
*
* * * * * * * * * * * * * * * *
Michael Adly Baseluos, San Antonio, TX, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
DECISION1
On May 28, 2013, Amanda Lacroix (“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 the Meningococcal (Menactra) vaccine on
December 3, 2011, she suffered transverse myelitis (“TM”) with resulting neurologic injuries.
Petition at 1. Petitioner further alleged that she suffered the residual effects or complications of
her vaccine injury for more than six months. Id. On July 22, 2015, the parties filed a stipulation,
stating that a decision should be entered awarding compensation.
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-00359-UNJ Document 53 Filed 08/12/15 Page 2 of 8
Respondent denies that the vaccine caused petitioner to suffer from transverse myelitis or
any other injury or her current condition. 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. A lump sum of $250,000.00, in the form of a check payable to petitioner. This
amount represent compensation for all items of damages that would be available
under 42 U.S.C. § 300-aa-15(a), except as set forth in paragraph 8.b. of the
stipulation;
b. An amount sufficient to purchase the annuity contract described in paragraph 10 of
the stipulation (Appendix A), paid to the life insurance company from which the
annuity will be purchased.
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

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00359-1
Date issued/filed: 2015-10-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/07/2015) regarding 56 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:13-vv-00359-UNJ Document 62 Filed 10/30/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 7, 2015
*******************************************
AMANDA LACROIX, * UNPUBLISHED
*
Petitioner, * No. 13-359V
*
v. * Chief Special Master Dorsey
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to
* which Respondent does Not Object.
Respondent. *
*
*******************************************
Michael A. Baseluos, San Antonio, TX, for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On May 28, 2013, Amanda Lacroix (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“Vaccine Program”)2 alleging that she
received a meningococcal vaccination on December 3, 2011, and thereafter suffered from
transverse myelitis with resulting neurologic injuries. On July 22, 2015, a decision awarding
compensation to petitioner based on the parties’ stipulation was entered.
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 “Act”). All citations in this decision to
individual sections of the Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00359-UNJ Document 62 Filed 10/30/15 Page 2 of 2
On October 5, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. According to the stipulation, respondent does not object to a total award of attorneys’
fees and costs in the amount of $46,000.00. In accordance with General Order #9, petitioner
filed a statement stating that she incurred no out-of-pocket expenses in pursuing her petition.
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 petitioner’s request and respondent’s counsel’s
lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s
motion 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 Michael A. Baseluos in the
amount of $46,000.00.
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
Chief 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