VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00654
Package ID: USCOURTS-cofc-1_13-vv-00654
Petitioner: Bethany Blaga
Filed: 2013-09-09
Decided: 2016-03-08
Vaccine: influenza
Vaccination date: 2012-09-21
Condition: acute demyelinating encephalomyelitis (ADEM)
Outcome: compensated
Award amount USD: 497028

AI-assisted case summary:
Petitioner Bethany Blaga filed a petition on September 9, 2013, alleging that an influenza vaccine she received on September 21, 2012, caused her to develop acute demyelinating encephalomyelitis (ADEM) and experience residual effects for more than six months. Respondent denied that the flu vaccine caused petitioner's ADEM or any other injury. The parties, represented by Amber D. Wilson of Maglio, Christopher & Toale, PA for the petitioner and Traci R. Patton of the United States Department of Justice for the respondent, agreed to a joint stipulation filed on September 10, 2015. Special Master Christian J. Moran reviewed the stipulation and adopted it as the decision of the Court. Under the terms of the stipulation, petitioner Bethany Blaga was awarded a lump sum of $497,028.00, which included $97,028.00 for the first year of future life care plan expenses and $400,000.00 for pain and suffering, lost wages, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract was awarded. The decision was issued on September 24, 2015. Subsequently, on January 18, 2016, petitioner filed a stipulation of fact concerning final attorneys' fees and costs. After respondent reviewed the application and subsequent discussions, petitioner amended her application to request $75,648.72 for attorneys' fees and costs. Respondent did not object to this amount. Special Master Christian J. Moran issued a decision on March 8, 2016, awarding the stipulated amount of $75,648.72 in attorneys' fees and costs, payable by check to petitioner and her attorney, Amber D. Wilson. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical mechanism of injury.

Theory of causation field:
Petitioner Bethany Blaga alleged that an influenza vaccine received on September 21, 2012, caused her to develop acute demyelinating encephalomyelitis (ADEM). The respondent denied causation. The parties entered into a joint stipulation on September 10, 2015, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $497,028.00 as a lump sum, representing compensation for all damages under 42 U.S.C. § 300aa-15(a), plus an amount for an annuity. The decision was issued on September 24, 2015. Attorneys for petitioner were Amber D. Wilson and colleagues from Maglio, Christopher & Toale, PA. Attorneys for respondent were Traci R. Patton from the United States Department of Justice. A subsequent decision on March 8, 2016, awarded $75,648.72 in attorneys' fees and costs, also approved by Special Master Moran, based on a stipulation where respondent did not object to the amount requested by petitioner.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00654-0
Date issued/filed: 2015-10-21
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 09/24/2015) regarding 64 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00654-UNJ Document 68 Filed 10/21/15 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
BETHANY BLAGA, *
* No. 13-654V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: September 24, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Acute Demyelinating
* Encephalomyelitis (“ADEM”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio, Christopher & Toale, PA, Sarasota, FL, for petitioner;
Traci R. Patton, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION1
On September 10, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Bethany Blaga on September 9, 2013. In her
petition, Ms. Blaga alleged that the influenza (“flu”) vaccine, which is contained in
the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she
received on September 21, 2012, caused her to suffer “injuries,” including acute
demyelinating encephalomyelitis (“ADEM”). Petitioner further alleges that she
experienced residual effects of her injuries for more than six months. Petitioner
represents that there has been no prior award or settlement of a civil action for
damages as a result of her condition.
Respondent denies that the vaccine is the cause of petitioner’s alleged
ADEM and/or any other injury or condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00654-UNJ Document 68 Filed 10/21/15 Page 2 of 10
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein:
A. A lump sum of $497,028.00,2 in the form of a check payable to
petitioner, Bethany Blaga. This amount represents compensation for
all damages that would be available under U.S.C. § 300aa-15(a); and
B. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the stipulation attached hereto as “Appendix A,”
paid to the life insurance company from which the annuity will be
purchased (the "Life Insurance Company").3
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-654V according to this decision
and the attached stipulation.4
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 This sum includes $97,028.00 for future life care plan expenses for the first year
following the entry of judgment, and $400,000.00 for pain and suffering, lost wages, and past
unreimbursable expenses.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
4 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:13-vv-00654-UNJ Document 68 Filed 10/21/15 Page 3 of 10

Case 1:13-vv-00654-UNJ Document 68 Filed 10/21/15 Page 4 of 10

Case 1:13-vv-00654-UNJ Document 68 Filed 10/21/15 Page 5 of 10

Case 1:13-vv-00654-UNJ Document 68 Filed 10/21/15 Page 6 of 10

Case 1:13-vv-00654-UNJ Document 68 Filed 10/21/15 Page 7 of 10

Case 1:13-vv-00654-UNJ Document 68 Filed 10/21/15 Page 8 of 10

Case 1:13-vv-00654-UNJ Document 68 Filed 10/21/15 Page 9 of 10

Case 1:13-vv-00654-UNJ Document 68 Filed 10/21/15 Page 10 of 10

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00654-1
Date issued/filed: 2016-03-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/16/16) regarding 75 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Appendix 1)(dh) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00654-UNJ Document 78 Filed 03/08/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * *
BETHANY BLAGA, *
* No. 13-654V
Petitioner, * Special Master Moran
*
v. * Filed: February 12, 2016
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award in
AND HUMAN SERVICES, * the amount to which respondent does
* not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio, Christopher & Toale, PA, Sarasota, FL, for petitioner;
Traci R. Patton, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On January 18, 2016, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $75,648.72 for attorneys’ fees and costs incurred by
petitioner’s counsel. The Court awards this amount.
On September 9, 2013, Bethany Blaga filed a petition for compensation,
alleging that the influenza (“flu”) vaccine, which she received on or about
September 21, 2012, caused development of acute demyelinating
encephalomyelitis (“ADEM”). Petitioner received compensation based upon the
parties’ stipulation. Decision, issued September 24, 2015. Because petitioner
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:13-vv-00654-UNJ Document 78 Filed 03/08/16 Page 2 of 2
received compensation, she is entitled to an award of attorneys’ fees and costs. 42
U.S.C. § 300aa-15(e).
Petitioner seeks a total of $75,648.72 in attorneys’ fees and costs.
Additionally, in compliance with General Order No. 9, petitioner states that she did
not incur any in out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $75,648.72, in the form of a check made payable to
petitioner and petitioner’s attorney, Amber D. Wilson, of Maglio
Christopher & Toale, PA, for attorneys’ fees and other litigation costs
available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2