VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00646
Package ID: USCOURTS-cofc-1_13-vv-00646
Petitioner: Lisa Sabel
Filed: 2014-05-28
Decided: 2014-07-11
Vaccine: influenza
Vaccination date: 2011-09-16
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 137500

AI-assisted case summary:
Petitioner Lisa Sabel filed a petition on May 28, 2014, alleging that she received a seasonal influenza vaccine on September 16, 2011, which caused her to develop transverse myelitis (TM) and suffer residual effects for more than six months. Respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged TM or any other injury. The parties, represented by Scott B. Taylor for the petitioner and Gordon E. Shemin for the respondent, reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. On May 28, 2014, the court adopted the stipulation and awarded Lisa Sabel $137,500.00 in compensation for all damages. This award was to be paid as a check made payable to petitioner. Subsequently, on July 11, 2014, the parties filed a separate stipulation regarding attorneys' fees and costs. Petitioner asserted no out-of-pocket expenses. After informal discussions where respondent raised objections to certain items in the initial request, petitioner amended her request to $16,774.26. Respondent did not object to this revised amount. Special Master Millman found the amount reasonable and awarded $16,774.26 for attorneys' fees and costs. This award was to be paid as a check made payable jointly to petitioner and Urban & Taylor, S.C.

Theory of causation field:
Petitioner Lisa Sabel alleged that a September 16, 2011, seasonal influenza vaccine caused her to develop transverse myelitis (TM) and suffer residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding $137,500.00 for all damages. Attorneys' fees and costs were subsequently stipulated and awarded at $16,774.26. The public decision does not describe the specific mechanism of causation, expert testimony, onset, symptoms, diagnostic tests, or treatments.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00646-0
Date issued/filed: 2014-06-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/28/2014) regarding 19 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00646-UNJ Document 23 Filed 06/24/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-646V
Filed: May 28, 2014
Not for Publication
*************************************
LISA SABEL, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza vaccine; transverse myelitis
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Scott B. Taylor, Milwaukee, WI, for petitioner.
Gordon E. Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On May 28, 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 transverse
myelitis (“TM”) that was caused by her September 16, 2011, receipt of seasonal influenza (“flu”)
vaccine. Petitioner further alleges that she suffered the residual effects of these injuries for more
than six months. Respondent denies that the flu vaccine caused petitioner’s alleged TM 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’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-00646-UNJ Document 23 Filed 06/24/14 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
$137,500.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a). The award shall be in the form of a check for $137,500.00 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 28, 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-00646-UNJ Document 23 Filed 06/24/14 Page 3 of 7

Case 1:13-vv-00646-UNJ Document 23 Filed 06/24/14 Page 4 of 7

Case 1:13-vv-00646-UNJ Document 23 Filed 06/24/14 Page 5 of 7

Case 1:13-vv-00646-UNJ Document 23 Filed 06/24/14 Page 6 of 7

Case 1:13-vv-00646-UNJ Document 23 Filed 06/24/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00646-1
Date issued/filed: 2014-08-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/11/2014) regarding 26 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00646-UNJ Document 29 Filed 08/01/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-646V
Filed: July 11, 2014
Not for Publication
*************************************
LISA SABEL, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Scott B. Taylor, Milwaukee, WI, for petitioner.
Gordon E. Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On July 10, 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 asserts that 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 objections, petitioner
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-00646-UNJ Document 29 Filed 08/01/14 Page 2 of 2
amends her request for reimbursement for attorneys’ fees and costs to $16,774.26. Respondent
does not object to this amount. The undersigned finds this amount to be reasonable.
Accordingly, the court awards $16,774.26, representing reimbursement for attorneys’ fees and
costs. The award shall be in the form of a check made payable jointly to petitioner and Urban &
Taylor, S.C. in the amount of $16,744.26.
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: July 11, 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