VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00462
Package ID: USCOURTS-cofc-1_13-vv-00462
Petitioner: Patsy Nash Russell
Filed: 2013-07-05
Decided: 2014-08-12
Vaccine: tetanus
Vaccination date: 2010-09-26
Condition: Guillain Barré syndrome (“GBS”)
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Patsy Nash Russell filed a petition on July 5, 2013, alleging that a tetanus vaccination received on September 26, 2010, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied that the tetanus immunization caused petitioner's GBS or any other injury. The parties subsequently filed a joint stipulation on July 2, 2014, agreeing to a settlement. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $40,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Thomas P. Gallagher. The parties later agreed to attorneys' fees and costs, which were approved by Special Master Dorsey in a decision dated August 12, 2014. The total award for attorneys' fees and costs was $18,649.98, consisting of a lump sum of $18,500.00 payable jointly to petitioner and her counsel, Thomas P. Gallagher, and $149.98 payable to petitioner for out-of-pocket litigation expenses. Gordon Shemin represented the respondent. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.

Theory of causation field:
Petitioner Patsy Nash Russell alleged that a tetanus vaccination administered on September 26, 2010, caused her to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties entered into a joint stipulation on July 2, 2014, agreeing to compensation. Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Petitioner received $40,000.00 in compensation for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs totaling $18,649.98 were awarded on August 12, 2014, with $18,500.00 payable jointly to petitioner and counsel Thomas P. Gallagher, and $149.98 payable to petitioner for out-of-pocket expenses. The public decision does not detail the specific medical mechanism or expert testimony regarding causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00462-0
Date issued/filed: 2014-07-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/02/2014) regarding 20 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00462-UNJ Document 28 Filed 07/23/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-462V
Filed: July 2, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
PATSY NASH RUSSELL, *
* Special Master Dorsey
Petitioner, *
* Joint Stipulation on Damages;
v. * Tetanus Vaccination;
* Guillain Barré Syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Thomas Gallagher, Somers Point, NJ, for petitioner.
Gordon Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On July 5, 2013, Patsy Nash Russell (“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 received a tetanus vaccine on September 26, 2010, and that she
thereafter suffered from Guillain Barré syndrome (“GBS”) which was caused in fact by the
vaccination. See Petition at 1.
On July 2, 2014, the parties filed a stipulation in which they agree 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-00462-UNJ Document 28 Filed 07/23/14 Page 2 of 7
Respondent denies that the tetanus immunization is the cause of petitioner’s alleged GBS,
and/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 $40,000.00 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).
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

CCaassee 11::1133--vvvv--0000446622--UUNNJJ DDooccuummeenntt 1298 FFiilleedd 0077//0223//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000446622--UUNNJJ DDooccuummeenntt 1298 FFiilleedd 0077//0223//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000446622--UUNNJJ DDooccuummeenntt 1298 FFiilleedd 0077//0223//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000446622--UUNNJJ DDooccuummeenntt 1298 FFiilleedd 0077//0223//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000446622--UUNNJJ DDooccuummeenntt 1298 FFiilleedd 0077//0223//1144 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00462-1
Date issued/filed: 2014-08-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/22/2014) regarding 26 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00462-UNJ Document 31 Filed 08/12/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-462V
Filed: July 22, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
PATSY NASH RUSSELL, *
* Special Master Dorsey
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested
* to Which Respondent Does Not
SECRETARY OF HEALTH * Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Thomas Gallagher, Somers Point, NJ, for petitioner.
Gordon Shemin, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On July 5, 2013, Patsy Nash Russell (“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 received a tetanus vaccine on September 26, 2010, and that she
thereafter suffered from Guillain Barré syndrome (“GBS”) which was caused in fact by the
vaccination. See Petition at 1. On July 2, 2014, a decision was entered awarding compensation
to petitioner based on the parties’ stipulation.
On July 22, 2014, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and
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-00462-UNJ Document 31 Filed 08/12/14 Page 2 of 2
Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $18,649.98. In accordance with General Order #9,
petitioner’s counsel represents that petitioner incurred $149.98 in out-of-pocket litigation
expenses.
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:
A lump sum of $18,500.00 in the form of a check jointly payable to petitioner and to
petitioner’s counsel, Thomas P. Gallagher; and
A lump sum of $149.98 in the form of a check payable to petitioner.
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