VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00540
Package ID: USCOURTS-cofc-1_13-vv-00540
Petitioner: Brooke Etter
Filed: 2014-05-02
Decided: 2014-05-02
Vaccine: influenza
Vaccination date: 2012-12-17
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
On May 2, 2014, Brooke Etter filed a petition for vaccine compensation alleging that she received an influenza vaccine on December 17, 2012, and subsequently developed Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Etter's GBS or any other injury. The parties, represented by Danielle A. Strait for the petitioner and Ann D. Martin for the respondent, reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the terms of the stipulation. As compensation for all damages, Ms. Etter was awarded a lump sum of $105,000.00, to be paid by check to petitioner. This award was based on the stipulation and covers damages available under 42 U.S.C. § 300aa-15(a). Separately, on May 7, 2014, Special Master Millman issued a decision awarding attorneys' fees and costs. Following a stipulation between the parties, the court awarded $13,454.67 for attorneys' fees and costs. This amount was to be paid by check jointly to Brooke Etter and Maglio, Christopher & Toale, P.A. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical experts consulted by either party. The stipulation explicitly states that it is not an admission by the United States or the Secretary of Health and Human Services that the influenza vaccine caused petitioner's GBS or any other injury.

Theory of causation field:
Petitioner Brooke Etter alleged that her December 17, 2012, influenza vaccination caused Guillain-Barré Syndrome (GBS) and residual effects lasting over six months. Respondent denied causation. The parties stipulated to resolve the case, with the Special Master adopting the stipulation. The case was compensated under the National Vaccine Injury Compensation Program, with a total award of $105,000.00 for all damages, plus $13,454.67 for attorneys' fees and costs. The theory of causation was based on the Vaccine Injury Table (Table), as indicated by the stipulation referencing 42 C.F.R. § 100.3(a). The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Special Master Laura D. Millman presided over the case. The damages decision was filed on May 2, 2014, and the attorneys' fees decision was filed on May 7, 2014. Petitioner was represented by Danielle A. Strait, and respondent was represented by Ann D. Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00540-0
Date issued/filed: 2014-05-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/02/2014) regarding 22 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00540-UNJ Document 33 Filed 05/27/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-540V
Filed: May 2, 2014
Not for Publication
*************************************
BROOKE ETTER, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * flu vaccine; Guillain-Barré syndrome
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Danielle A. Strait, Washington, DC, for petitioner.
Ann D. Martin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On May 2, 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 December 17, 2012, receipt of influenza (“flu”)
vaccine. She further alleges that she experienced the residual effects of this injury for more than
six months. Respondent denies that flu vaccine caused petitioner’s GBS or any other injury.
Nonetheless, the parties agreed to resolve this matter informally.
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’ 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-00540-UNJ Document 33 Filed 05/27/14 Page 2 of 7
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
$105,000.00, representing compensation 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 for $105,000.00 made payable to
petitioner.
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: May 2, 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

Case 1:13-vv-00540-UNJ Document 33 Filed 05/27/14 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
BROOKE ETTER, )
)
Petitioner, )
) No. 13-540V
v. ) Special Master Millman
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Brooke Etter, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine Program”).
The petition seeks compensation for injuries allegedly related to petitioner’s receipt of the
influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §
100.3(a).
2. Petitioner received an influenza immunization on December 17, 2012.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered Guillain-Barre Syndrome (“GBS”) as a result of
the influenza vaccine. Petitioner further alleges that she experienced residual effects of this
condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her injuries.
6. Respondent denies that petitioner’s influenza vaccine caused her GBS or any other
injury.

Case 1:13-vv-00540-UNJ Document 33 Filed 05/27/14 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $105,000.00 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
2

Case 1:13-vv-00540-UNJ Document 33 Filed 05/27/14 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C.
§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccination administered on December 17,
2012, as alleged by petitioner in a petition for vaccine compensation filed on or about August 5,
2013, in the United States Court of Federal Claims as petition No. 13-540V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
3

Case 1:13-vv-00540-UNJ Document 33 Filed 05/27/14 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner to develop
GBS or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:13-vv-00540-UNJ Document 33 Filed 05/27/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00540-1
Date issued/filed: 2014-05-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/07/2014) regarding 30 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00540-UNJ Document 34 Filed 05/28/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-540V
Filed: May 7, 2014
Not for Publication
*************************************
BROOKE ETTER, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Danielle A. Strait, Washington, DC, for petitioner.
Ann D. Martin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On May 6, 2014, the parties filed a stipulation of facts in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner filed a statement on May
6, 2014, stating she did not incur any out-of-pocket expenses in pursuit of her petition. Petitioner
submitted her request for attorneys’ fees and costs to respondent. During informal discussions,
respondent raised objections to certain items in petitioner’s application. Based on these
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-00540-UNJ Document 34 Filed 05/28/14 Page 2 of 2
objections, petitioner amends her request for reimbursement for attorneys’ fees and costs to
$13,454.67. Respondent does not object to this amount. The undersigned finds this amount to
be reasonable. Accordingly, the court awards $13,454.67, representing reimbursement for
attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to
petitioner and Maglio, Christopher & Toale, P.A. in the amount of $13,454.67.
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: May 7, 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