VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00400
Package ID: USCOURTS-cofc-1_13-vv-00400
Petitioner: Gwendolyn D. Adams
Filed: 2013-06-14
Decided: 2015-05-14
Vaccine: influenza
Vaccination date: 2011-10-12
Condition: Respiratory Distress; Bronchial, Esophageal, and Intestinal problems
Outcome: compensated
Award amount USD: 175000

AI-assisted case summary:
Merit Adams, as Personal Representative of the Estate of Gwendolyn D. Adams, filed a petition on June 14, 2013, alleging that a trivalent influenza (flu) vaccination Ms. Adams received on October 12, 2011 caused her to suffer injuries — described as respiratory distress and bronchial, esophageal, and intestinal problems — that resulted in her death on October 14, 2011, two days after vaccination. Respondent denied that Ms. Adams suffered any injury as a result of the flu vaccine and denied that her death was a sequela of the alleged vaccine-related injuries.

Nonetheless, both parties agreed to a joint stipulation filed November 12, 2014 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The estate received a lump sum of $175,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a), paid to Merit Adams as Personal Representative of the Estate of Gwendolyn D. Adams. The parties subsequently agreed to attorneys' fees and costs of $12,800.00, payable jointly to petitioner and her counsel, Anne C. Toale of Maglio, Christopher & Toale, PA. Petitioner was also reimbursed $4,105.66 for personally advanced litigation costs.

Theory of causation field:
Flu Oct 12, 2011 → respiratory distress/injuries → DEATH Oct 14, 2011 (2 days post-vaccination). Merit Adams as personal rep of estate. Joint stipulation Nov 12, 2014; SM Dorsey. Comp $175,000. Fees $12,800 + OOP $4,105.66 (Toale, Maglio Christopher & Toale PA, Sarasota FL).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00400-0
Date issued/filed: 2014-12-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/12/2014) regarding 35 DECISION Stipulation/Proffer, Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00400-UNJ Document 41 Filed 12/04/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-400V
Filed: November 12, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
MERIT ADAMS, as Personal *
Representative of the Estate *
GWENDOLYN D. ADAMS, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Trivalent Influenza (Flu) vaccine;
AND HUMAN SERVICES, * Respiratory Distress; Bronchial,
* Esophageal, and Intestinal problems.
Respondent. *
*
* * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher & Toale, Sarasota, FL, for petitioner.
Voris Edward Johnson, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On June 14, 2013, Merit Adams (“petitioner”), as the personal representative of the estate
of Gwendolyn D. Adams (“Ms. Adams”) filed a petition pursuant to the National Vaccine Injury
Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that the
trivalent influenza (“flu”) vaccination that Ms. Adams received on October 12, 2011, caused her
to suffer injuries which resulted in her death on October 14, 2011. See Petition at 1.
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-00400-UNJ Document 41 Filed 12/04/14 Page 2 of 2
On November 12, 2014, the parties filed a stipulation, stating that a decision should be
entered awarding compensation.
Respondent denies that Ms. Adams suffered any injury as a result of the flu vaccine
administered to her on October 12, 2011, and denies that Ms. Adams death was a sequelae of her
alleged vaccine-related injuries. 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 $175,000.00, in the form of a check payable to petitioner as Personal
Representative of the Estate of Gwendolyn D. Adams. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00400-1
Date issued/filed: 2015-05-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/13/2015) regarding 44 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00400-UNJ Document 47 Filed 05/14/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 13, 2015
* * * * * * * * * * * * * * UNPUBLISHED
MERIT ADAMS, as Personal *
Representative of the Estate of * No. 13-400V
GWENDOLYN D. ADAMS, *
*
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. *
*
* * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Voris Edward Johnson, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On June 14, 2013, Merit Adams (“petitioner”), as the personal representative of the estate
of Gwendolyn D. Adams (“Ms. Adams”) filed a petition pursuant to the National Vaccine Injury
Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that the
trivalent influenza (“flu”) vaccination that Ms. Adams received on October 12, 2011, caused her
to suffer injuries which resulted in her death on October 14, 2011. See Petition at 1. On
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-00400-UNJ Document 47 Filed 05/14/15 Page 2 of 2
November 12, 2014, the undersigned entered a decision awarding compensation to petitioner
based on a stipulation filed by the parties.
On April 10, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and
Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $12,800.00. In accordance with General Order #9,
petitioner’s counsel states that petitioner advanced $4,105.66, in reimbursable costs in pursuit of
this 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 petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, Anne
C. Toale, Esq., of the law firm of Maglio, Christopher & Toale, PA, in the amount of
$12,800.00, and
(2) in the form of a check payable to petitioner only in the amount of $4,105.66.
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