VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00622
Package ID: USCOURTS-cofc-1_13-vv-00622
Petitioner: Danya Manning
Filed: 2013-08-29
Decided: 2015-08-31
Vaccine: influenza
Vaccination date: 2011-09-30
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Danya Manning, formerly Danya Wright, filed a petition on August 29, 2013, alleging that an influenza vaccine administered on September 30, 2011, caused her to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS. Despite the denial, both parties agreed to a joint stipulation on February 25, 2015, to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $125,000.00, which represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Franklin John Caldwell, Jr. of Maglio, Christopher & Toale, P.A. On August 10, 2015, a separate stipulation concerning attorneys' fees and costs was filed. Special Master Hamilton-Fieldman approved a total award of $18,500.00 for attorneys' fees and costs, payable jointly to Petitioner and her counsel, F. John Caldwell, Jr. of Maglio Christopher & Toale, PA. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical expert opinions considered. The case was settled via joint stipulation.

Theory of causation field:
Petitioner Danya Manning alleged that an influenza vaccine received on September 30, 2011, caused her to develop Guillain-Barré syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation on February 25, 2015, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman adopted the stipulation, awarding Petitioner $125,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Franklin John Caldwell, Jr. of Maglio, Christopher & Toale, P.A. Attorneys' fees and costs totaling $18,500.00 were awarded on August 10, 2015, payable to Petitioner and her counsel. The public decision does not detail the specific mechanism of causation, medical experts, or evidence presented, relying instead on the joint stipulation for resolution.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00622-0
Date issued/filed: 2015-03-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/25/2015) regarding 34 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00622-UNJ Document 38 Filed 03/18/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-622V
Filed: February 25, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DANYA MANNING, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Guillain-
* Barré Syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, P.A., Sarasota, FL, for Petitioner.
Amy Kokot, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On August 29, 2013, Danya Manning2 (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.3 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that the administration of an influenza (“flu”) vaccine on September 30, 2011
caused her to suffer from Guillain-Barré syndrome (“GBS”).
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 At the time her petition was filed, Petitioner’s name was Danya Wright. Petitioner subsequently
changed her name to Danya Manning, and the case caption was amended accordingly. See Order
granting Motion to Amend/Correct, dated October 22, 2013.
3 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-00622-UNJ Document 38 Filed 03/18/15 Page 2 of 7
On February 25, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccine 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 stipulate that Petitioner shall receive the following compensation:
A lump sum of $125,000.00, 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.4
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
4 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

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CCaassee 11::1133--vvvv--0000662222--UUNNJJ DDooccuummeenntt 3338 FFiilleedd 0023//2158//1155 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000662222--UUNNJJ DDooccuummeenntt 3338 FFiilleedd 0023//2158//1155 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000662222--UUNNJJ DDooccuummeenntt 3338 FFiilleedd 0023//2158//1155 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000662222--UUNNJJ DDooccuummeenntt 3338 FFiilleedd 0023//2158//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00622-1
Date issued/filed: 2015-08-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/10/2015) regarding 40 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:13-vv-00622-UNJ Document 41 Filed 08/31/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-622V
Filed: August 10, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
DANYA MANNING, *
* 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. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Franklin J. Caldwell, Jr., Maglio Christopher & Toale, Sarasota, FL, for Petitioner.
Amy P. Kokot, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On August 29, 2013, Danya Manning2 (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that the administration of an influenza (“flu”) vaccine on
September 30, 2011 caused her to suffer from Guillain-Barré Syndrome (“GBS”). Petition
(“Pet.”) at 1-2. On February 25, 2015, the undersigned issued a decision awarding compensation
to Petitioner.
On August 10, 2015, Petitioner filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $18,500.00 in
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner represents that
she has not incurred any costs 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 At the time her petitioner was filed, Petitioner’s name was Danya Wright. Petitioner subsequently
changed her name to Danya Manning, and the case caption was amended accordingly. See Order, ECF
NO. 8.
1

Case 1:13-vv-00622-UNJ Document 41 Filed 08/31/15 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 $18,500.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, F. John
Caldwell, Jr, of the law firm Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710,
Sarasota, FL 34236.
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