VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00436
Package ID: USCOURTS-cofc-1_13-vv-00436
Petitioner: Margaret Whitlow
Filed: 2013-06-28
Decided: 2015-06-16
Vaccine: influenza
Vaccination date: 2012-09-14
Condition: brachial neuritis, inflammatory polyarthritis, inflammatory reactive tissue in and around the rotator cuff, leading to surgery for treatment of that issue, and an inflammatory tendinitis
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Margaret Whitlow filed a petition on June 28, 2013, alleging that an influenza (flu) vaccination she received on or about September 14, 2012 caused her to suffer brachial neuritis, inflammatory polyarthritis, inflammatory reactive tissue in and around the rotator cuff (requiring surgery), and inflammatory tendinitis. Respondent conceded that petitioner suffered a left shoulder injury related to vaccine administration (SIRVA) and that there was not a preponderance of evidence that her SIRVA was due to a factor unrelated to vaccination, but denied that the vaccine caused any injury other than SIRVA.

Nonetheless, the parties agreed to a joint stipulation filed March 23, 2015 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $120,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $26,218.25, payable jointly to petitioner and her counsel, F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA. Petitioner also recovered $75.45 for out-of-pocket litigation expenses she personally incurred.

Theory of causation field:
Flu ~Sep 14, 2012 → SIRVA/brachial neuritis (also alleged inflammatory polyarthritis, reactive tissue, tendinitis; respondent conceded only SIRVA). Joint stipulation Mar 23, 2015; SM Moran. Comp $120,000. Fees $26,218.25; OOP $75.45 (Caldwell, Maglio Christopher & Toale PA, Sarasota FL).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00436-0
Date issued/filed: 2015-04-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/26/2015) regarding 48 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00436-UNJ Document 52 Filed 04/20/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MARGARET WHITLOW, * No. 13-436V
* Special Master Moran
Petitioner, *
* Filed: March 26, 2015
v. *
* Stipulation; influenza (“flu”) vaccine;
SECRETARY OF HEALTH * brachial neuritis; inflammatory
AND HUMAN SERVICES, * polyarthritis, inflammatory reactive
* tissue in and around the rotator cuff;
Respondent. * inflammatory tendinitis.
* * * * * * * * * * * * * * * * * * * * *
John Caldwell, Jr., Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;
Traci Patton, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 23, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Margaret Whitlow on June 28, 2013. In her
petition, Ms. Whitlow alleged that the influenza (“flu”) vaccine, which is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she
received on or about September 14, 2012, caused her to suffer brachial neuritis,
inflammatory polyarthritis, inflammatory reactive tissue in and around the rotator
cuff, leading to surgery for treatment of that issue, and an inflammatory tendinitis.
Petitioner represents that there has been no prior award or settlement of a civil
action for damages as a result of her condition.
Respondent concedes that petitioner suffered a left shoulder injury related to
vaccine administration (“SIRVA”), that she experienced the residual effects of this
injury for more than six months, and that there is not a preponderance of evidence
demonstrating that petitioner’s SIRVA is due to a factor unrelated to vaccination.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00436-UNJ Document 52 Filed 04/20/15 Page 2 of 7
Respondent denies that the vaccine caused petitioner to suffer any injury or
condition other than SIRVA and denies that the vaccine caused the significant
aggravation of any pre-existing injury, including but not limited to petitioner’s
alleged inflammatory polyarthritis.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $120,000.00 in the form of a check payable to
petitioner, Margaret Whitlow. This amount represents
compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-436V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6360.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00436-1
Date issued/filed: 2015-06-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/22/2015) regarding 54 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00436-UNJ Document 57 Filed 06/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
MARGARET WHITLOW, * No. 13-436V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: May 22, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * *
F. John Caldwell, Jr., Maglio, Christopher & Toale, PA, Sarasota, FL, for
Petitioner;
Traci Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On May 21, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $26,218.25, an amount to which respondent does not object.
The Court awards this amount.
On June 28, 2013, Margaret Whitlow filed a petition for compensation
alleging that the influenza (“flu”) vaccine, which she received on September 14,
2012, caused her to suffer brachial neuritis, inflammatory polyarthritis,
inflammatory reactive tissue in and around the rotator cuff, leading to surgery for
treatment of that issue, and an inflammatory tendinitis. Petitioner received
compensation based upon the parties’ stipulation. Decision, filed Mar. 26, 2015.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00436-UNJ Document 57 Filed 06/16/15 Page 2 of 2
Because petitioner received compensation, she is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $26,218.25 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred $75.45 in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $26,218.25, in the form of a check made payable to
petitioner and petitioner’s attorney, F. John Caldwell, Jr., for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $75.45, payable to petitioner, Margaret Whitlow, for
costs she incurred in pursuit of her petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6360.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2