{"package_id":"USCOURTS-cofc-1_13-vv-00421","decision_granule_id":"USCOURTS-cofc-1_13-vv-00421-4","petitioner_identifier":"G.G.M.","is_minor":1,"age_at_vaccination":2.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2012-09-05","condition_raw":"transverse myelitis","condition_category":"transverse_myelitis","autism_spectrum_adjacent":0,"outcome":"compensated","award_amount_usd":970000,"decision_date":"2018-11-27","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:06:47.463571+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":2,"theory_of_causation":"Petitioner alleged that G.G.M., age two, received an influenza vaccine on September 5, 2012, and within two days experienced abdominal pain, inability to walk, and decreased lower extremity tone and reflexes, leading to a diagnosis of transverse myelitis. Respondent denied causation. The case was initially dismissed voluntarily to pursue civil claims, but after those claims were preempted, petitioner sought to reinstate the vaccine claim, arguing attorney negligence. The Special Master denied relief from the dismissal, finding the attorney's ignorance of the law and the deliberate nature of the dismissal imputed to the petitioner. The Court of Federal Claims affirmed. The case was ultimately settled via stipulation, with Special Master Laura D. Millman awarding $970,000 on November 27, 2018, comprising an annuity, a lump sum of $825,168.00 for future life care, pain and suffering, and lost future earnings, and an additional lump sum of $14,135.00. The specific medical mechanism or table theory was not detailed in the provided public text, and no experts were named in relation to the causation theory in the decision documents reviewed.","is_death":0,"date_of_death":null,"petition_filed_date":"2013-06-25","case_summary":"On June 25, 2013, G.G.M., a minor, by and through her guardian ad litem Lorena Mora, filed a petition for vaccine injury compensation. The petition alleged that G.G.M., born in 2010, received an influenza vaccine on or about September 5, 2012, at the age of two. Prior to this vaccination, G.G.M. was reportedly in good health. Within two days of receiving the vaccine, G.G.M. experienced abdominal pain, inability to walk, and decreased tone and reflexes in her lower extremities. She was transferred to Kaiser Hospital and diagnosed with transverse myelitis, which the petitioner alleged was caused by the flu vaccine. The petition stated that G.G.M. became paraplegic, required a permanent catheter, and would need extensive future medical care, including in-home health care, orthopedic and urologic surgeries, and medication. The initial petition was voluntarily dismissed on June 11, 2014, to allow the petitioner to pursue claims in civil court against the vaccine manufacturer and administrator, as petitioner's counsel believed greater compensation could be obtained there due to the inapplicability of the collateral source rule and the $250,000 cap for pain and suffering under the Vaccine Act. Following this dismissal, the petitioner filed a product liability suit against Sanofi Pasteur, Inc., the vaccine manufacturer, and sought arbitration for medical malpractice against Kaiser Permanente. Sanofi removed the suit to federal court, arguing that the National Childhood Vaccine Injury Act preempted product liability claims, citing Bruesewitz v. Wyeth L.L.C. The product liability suit was dismissed, with leave to amend. The petitioner then amended her complaint and continued to pursue claims. Meanwhile, on January 21, 2015, the petitioner filed a motion with the Special Master for relief from the prior judgment of dismissal, pursuant to RCFC 60(b)(1) or 60(b)(6). Petitioner's counsel argued that his ignorance of the preemption law constituted mistake, inadvertence, surprise, or excusable neglect. The Special Master denied this motion, finding that while G.G.M. had a meritorious claim and the respondent would not be prejudiced, the decision to dismiss was the result of the petitioner's counsel's culpable conduct. The Special Master reasoned that attorney negligence, particularly ignorance of the law and failure to research the consequences of a voluntary dismissal, was not sufficient grounds for relief under Rule 60(b)(1) and that petitioners are held accountable for the acts of their counsel. Relief under Rule 60(b)(6) was also denied, as the Special Master found no \"grave miscarriage of justice\" or \"extraordinary circumstances,\" noting that the petitioner's counsel's conduct was imputed to the petitioner and that there was a strong public policy in the finality of judgments. The Court of Federal Claims affirmed the Special Master's decision on July 20, 2015, finding that the Special Master did not abuse her discretion in denying the motion for relief from judgment, as the attorney's negligence was imputed to the client and the dismissal was a deliberate action. The court noted the distinction between this case and those where counsel had effectively abandoned the client or misled them. Subsequently, the parties reached a stipulation to settle the case. On November 27, 2018, Special Master Laura D. Millman issued a decision awarding damages based on this stipulation. The award included an amount for an annuity contract, a lump sum of $825,168.00 for future life care expenses, pain and suffering, and lost future earnings, and an additional lump sum of $14,135.00, totaling $970,000.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":"Laura D. Millman","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Danielle A. Strait","petitioner_attorney_firm":"Maglio Christopher & Toale, PA","petitioner_attorney_location":"Seattle, WA","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|danielle-strait|","firm_canonical_key":"maglio-christopher-and-toale","package_title":"MORA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00421","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00421.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00421.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_13-vv-00421-0","title":"MORA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC ORDER/RULING (Originally filed: 02/27/2015) regarding 27 Order Signed by Special Master Laura D Millman. (tlj) Copy to parties.","date_issued":"2015-03-20","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"no decision/ruling/opinion signal in docketText","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_13-vv-00421-1","title":"MORA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 03/24/2015) regarding 33 DECISION of Special Master - Interim Attorney's Fees Signed by Special Master Laura D Millman. (tlj) Copy to parties.","date_issued":"2015-04-14","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_13-vv-00421-2","title":"MORA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"JUDGE VACCINE REPORTED OPINION re: 41 Order on Motion for Review. Signed by Judge Elaine D. Kaplan. (ca) Copy to parties.","date_issued":"2015-07-20","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_13-vv-00421/granules/USCOURTS-cofc-1_13-vv-00421-2/pdf","pdf_bytes":338082,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'opinion'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_13-vv-00421/USCOURTS-cofc-1_13-vv-00421-2"},{"granule_id":"USCOURTS-cofc-1_13-vv-00421-3","title":"MORA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 08/31/2017) regarding 62 DECISION of Special Master - Interim Attorney's Fees Signed by Special Master Laura D Millman. (tlf) Copy to parties.","date_issued":"2017-09-25","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_13-vv-00421-4","title":"MORA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 11/27/2018) regarding 79 DECISION Stipulation/Proffer. Signed by Special Master Laura D. Millman. (et) Service on parties made.","date_issued":"2018-12-28","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_13-vv-00421/granules/USCOURTS-cofc-1_13-vv-00421-4/pdf","pdf_bytes":31137159,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'stipulation'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_13-vv-00421/USCOURTS-cofc-1_13-vv-00421-4"},{"granule_id":"USCOURTS-cofc-1_13-vv-00421-5","title":"MORA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 10/29/2019) regarding 90 DECISION of Special Master - Fees Signed by Special Master Daniel T. Horner. (nh) Service on parties made.","date_issued":"2019-11-06","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}