VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00538
Package ID: USCOURTS-cofc-1_13-vv-00538
Petitioner: Lana Como
Filed: 2015-01-23
Decided: 2015-03-27
Vaccine: DT
Vaccination date: 2010-11-26
Condition: peripheral neuropathy
Outcome: compensated
Award amount USD: 39000

AI-assisted case summary:
Lana Como filed a petition on August 2, 2013, alleging that she suffered from peripheral neuropathy as a result of a diphtheria-tetanus (DT) vaccine administered on November 26, 2010. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's alleged injuries or current condition. Despite this denial, the parties reached a stipulation for damages. On January 22, 2015, a decision was issued awarding Lana Como $20,000.00 in compensation for all damages, payable to Petitioner. This amount represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). The Special Master, Lisa Hamilton-Fieldman, found the stipulation reasonable and adopted it as the Court's decision. Subsequently, on March 3, 2015, the parties filed a stipulation for attorneys' fees and costs. They agreed to an award of $19,000.00 for attorneys' fees and costs, payable jointly to Petitioner and Petitioner's counsel, Anne Carrión Toale of Maglio, Christopher and Toale, PA. The Special Master found the petition was brought in good faith with a reasonable basis, approving the attorneys' fees and costs pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Judgment was to be entered in accordance with the terms of the parties' stipulations, resulting in a total compensation of $39,000.00. Petitioner was represented by Anne Carrion Toale, and Respondent was represented by Alexis Babcock. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or the specific mechanism of causation.

Theory of causation field:
The public text describes an off-Table claim where Petitioner Lana Como alleged peripheral neuropathy resulting from a diphtheria-tetanus (DT) vaccine received on November 26, 2010. Respondent denied causation. The parties stipulated to an award of $20,000.00 for damages and $19,000.00 for attorneys' fees and costs, for a total award of $39,000.00. Special Master Lisa Hamilton-Fieldman approved the stipulations. The public text does not name specific medical experts, detail the mechanism of injury, or provide specific evidence supporting the causation theory beyond the stipulation. Petitioner's counsel was Anne Carrion Toale, and Respondent's counsel was Alexis Babcock. The decision dates were January 23, 2015 (damages) and March 27, 2015 (fees).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00538-0
Date issued/filed: 2015-02-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/23/2015) regarding 30 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00538-UNJ Document 34 Filed 02/13/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-538V
Filed: January 23, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
LANA COMO, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Diptheria-Tetanus (“DT”) Vaccine;
* Peripheral Neuropathy.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.
Alexis Babcock, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On August 2, 2013, Lana Como (“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 suffered from a peripheral neuropathy as a result of the administration of a diphtheria-
tetanus (“DT”) vaccine on November 26, 2010.
On January 22, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that Petitioner’s alleged injuries
were caused-in-fact by her DT vaccination, and denies that the vaccine caused any other injury
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-00538-UNJ Document 34 Filed 02/13/15 Page 2 of 7
or her current condition. 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 stipulate that Petitioner shall receive the following compensation:
A lump sum of $20,000.00, 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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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--0000553388--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 0012//2123//1155 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000553388--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 0012//2123//1155 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000553388--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 0012//2123//1155 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000553388--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 0012//2123//1155 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000553388--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 0012//2123//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00538-1
Date issued/filed: 2015-03-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/04/2015) regarding 36 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:13-vv-00538-UNJ Document 40 Filed 03/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-538
Filed: March 4, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
LANA COMO, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable
* Amount Requested to which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrión Toale, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.
Alexis Babcock, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On August 2, 2013, Lana Como (“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 suffered from a peripheral neuropathy as a result of the administration of a diphtheria-
tetanus (“DT”) vaccine on November 26, 2010. On January 23, 2015, the undersigned issued a
decision awarding compensation to Petitioner.
On March 3, 2015, the parties filed a stipulation regarding attorneys’ fees and costs.
The parties have agreed to an award of $19,000.00 for attorneys’ fees and costs. In accordance
with General Order Number 9, Petitioner represents that she has not personally incurred any
expenses in pursuit of her claim.
1 The undersigned intends to post this unpublished decision on the United States Court of Federal Claims’
website, 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 file a motion for redaction “of any information furnished by that party
(1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion
of privacy.” In the absence of such motion, 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-00538-UNJ Document 40 Filed 03/27/15 Page 2 of 2
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $19,000.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Anne Carrión
Toale, of the law firm of Maglio, Christopher and Toale, PA.
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/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
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