VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00639
Package ID: USCOURTS-cofc-1_13-vv-00639
Petitioner: Sherry Kachmarik
Filed: 2015-05-06
Decided: 2015-05-06
Vaccine: influenza
Vaccination date: 2011-09-27
Condition: chronic inflammatory demyelinating neuropathy (CIDP)
Outcome: compensated
Award amount USD: 264000

AI-assisted case summary:
On May 6, 2015, Sherry Kachmarik filed a petition alleging that she developed chronic inflammatory demyelinating neuropathy (CIDP) caused by an influenza vaccine she received on September 27, 2011. She further claimed to have suffered residual effects from this injury for more than six months. The respondent denied that the flu vaccine caused her alleged injuries or current condition. Despite the respondent's denial, the parties reached a stipulation to resolve the matter. Special Master Laura D. Millman adopted the stipulation, awarding Sherry Kachmarik $264,000.00 in compensation for all available damages. The award was to be paid as a check to the petitioner. On January 12, 2016, the parties filed a stipulation for attorneys' fees and costs. Petitioner asserted she incurred no costs. The parties agreed to an award of $11,010.00 for attorneys' fees and costs, which Special Master Laura D. Millman approved. This award was to be paid as a check jointly to the petitioner and her counsel, Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. Petitioner was represented by Michael D. Bell, and respondent was represented by Althea W. Davis.

Theory of causation field:
Petitioner Sherry Kachmarik alleged that an influenza vaccine administered on September 27, 2011, caused her to develop chronic inflammatory demyelinating neuropathy (CIDP) with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $264,000.00 for all damages. A subsequent stipulation for attorneys' fees and costs resulted in an additional award of $11,010.00, approved by Special Master Millman. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the CIDP. The outcome was a compensated settlement based on stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00639-0
Date issued/filed: 2015-05-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/06/2015) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00639-UNJ Document 26 Filed 05/27/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-639V
Filed: May 6, 2015
Not for Publication
*************************************
SHERRY KACHMARIK, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; chronic
* inflammatory demyelinating neuropathy
SECRETARY OF HEALTH * (CIDP)
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Michael D. Bell, Toledo, OH, for petitioner.
Althea W. Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On May 6, 2015, the parties filed the attached stipulation in which they agreed to settle this
case and described the settlement terms. Petitioner alleges that she suffered chronic
inflammatory demyelinating neuropathy (“CIDP”) that was caused by her September 27, 2011
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 injuries, any other injury, or her current condition. 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’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-00639-UNJ Document 26 Filed 05/27/15 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
$264,000.00, 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 $264,000.00.
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: May 6, 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

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Case 1:13-vv-00639-UNJ Document 26 Filed 05/27/15 Page 4 of 7

Case 1:13-vv-00639-UNJ Document 26 Filed 05/27/15 Page 5 of 7

Case 1:13-vv-00639-UNJ Document 26 Filed 05/27/15 Page 6 of 7

Case 1:13-vv-00639-UNJ Document 26 Filed 05/27/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00639-1
Date issued/filed: 2016-02-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/12/2016) regarding 32 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:13-vv-00639-UNJ Document 33 Filed 02/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-639V
Filed: January 12, 2016
Not for Publication
*************************************
SHERRY KACHMARIK, *
*
Petitioner, *
* Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Michael D. Bell, Toledo, OH, for petitioner.
Althea W. Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On January 12, 2016, the parties filed a stipulation of fact 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 asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted a draft application for attorneys’
fees and costs to respondent. During informal discussions, respondent raised objections to certain
items in petitioner’s application. Petitioner now requests reimbursement for attorneys’ fees and
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-00639-UNJ Document 33 Filed 02/02/16 Page 2 of 2
costs in the amount of $11,010.00. Respondent does not object to this amount. The undersigned
finds this amount to be reasonable. Accordingly, the court awards $11,010.00, representing
reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable
jointly to petitioner and Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A. in the amount of
$11,010.00.
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: January 12, 2016 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