VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00531
Package ID: USCOURTS-cofc-1_13-vv-00531
Petitioner: Bettine Delea
Filed: 2014-10-03
Decided: 2015-04-13
Vaccine: influenza
Vaccination date: 2010-09-14
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 145000

AI-assisted case summary:
Bettine Delea filed a petition on October 3, 2014, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on September 14, 2010. She further alleged that she suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged GBS or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. The parties, represented by Ronald C. Homer for the petitioner and Glenn A. MacLeod for the respondent, reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Bettine Delea $145,000.00 in damages, representing reimbursement for all damages available under 42 U.S.C. § 300aa-15(a). This award was to be paid as a lump sum via check to the petitioner. Subsequently, on March 23, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Petitioner had initially sought $19,977.08, but after respondent raised objections, the application was amended to $19,000.00. This amount consisted of $18,347.25 for attorneys' fees and costs, and $652.75 for petitioner's costs. The respondent did not object to this revised amount. Special Master Millman found the amount reasonable and awarded $18,347.25 in attorneys' fees and costs, payable jointly to the petitioner and her attorneys, Conway, Homer & Chin-Caplan, P.C., and $652.75 for petitioner's costs, payable to the petitioner. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the specific mechanism of causation.

Theory of causation field:
Petitioner Bettine Delea alleged that her Guillain-Barré Syndrome (GBS) was caused by an influenza vaccine received on September 14, 2010, and that she suffered residual effects for more than six months. Respondent denied causation. The parties resolved the case via stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. Special Master Laura D. Millman awarded $145,000.00 in damages based on the stipulation, with an additional $18,347.25 for attorneys' fees and costs and $652.75 for petitioner's costs, awarded on April 13, 2015.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00531-0
Date issued/filed: 2014-10-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/03/2014) regarding 28 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00531-UNJ Document 33 Filed 10/24/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-531V
Filed: October 3, 2014
Not for Publication
*************************************
BETTINE DELEA, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; Guillain-Barré
* Syndrome (GBS)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Glenn A. MacLeod, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On October 3, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that she suffered Guillain-Barré
Syndrome (“GBS”) that was caused by her September 14, 2010, receipt of influenza (“flu”)
vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more
than six months. Respondent denies that the flu vaccine caused petitioner’s alleged GBS or any
other injury and further denies that her current disabilities are a sequela of a vaccine-related injury.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:13-vv-00531-UNJ Document 33 Filed 10/24/14 Page 2 of 7
Nonetheless, the parties agreed to resolve this matter informally.
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$145,000.00, representing reimbursement for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check payable to petitioner in the
amount of $145,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: October 3, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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Case 1:13-vv-00531-UNJ Document 33 Filed 10/24/14 Page 4 of 7

Case 1:13-vv-00531-UNJ Document 33 Filed 10/24/14 Page 5 of 7

Case 1:13-vv-00531-UNJ Document 33 Filed 10/24/14 Page 6 of 7

Case 1:13-vv-00531-UNJ Document 33 Filed 10/24/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00531-1
Date issued/filed: 2015-04-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/23/2015) regarding 38 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00531-UNJ Document 41 Filed 04/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-531V
Filed: March 23, 2015
Not for Publication
*************************************
BETTINE DELEA, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Glenn A. MacLeod, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On March 23, 2015, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
Petitioner filed an application for attorneys’ fees and costs on February 19, 2015, seeking
$19,977.08 in reimbursement for attorneys’ fees and costs. During informal discussions,
respondent raised objections to certain items in petitioner’s application. Based on these
objections, petitioner amends her application to request $19,000.00, consisting of $18,347.25 in
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:13-vv-00531-UNJ Document 41 Filed 04/13/15 Page 2 of 2
attorneys’ fees and costs and $652.75 in petitioner’s costs. Respondent does not object to this
amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards:
a. $18,347.25, representing reimbursement for attorneys’ fees and costs. The award
shall be in the form of a check payable jointly to petitioner and Conway, Homer &
Chin-Caplan, P.C. in the amount of $18,347.25; and
b. $652.75, representing reimbursement for petitioner’s costs. The award shall be in the
form of a check payable to petitioner in the amount of $652.75.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: March 23, 2015 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2