VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00656
Package ID: USCOURTS-cofc-1_13-vv-00656
Petitioner: Barbara Collins
Filed: 2013-09-09
Decided: 2014-12-12
Vaccine: influenza
Vaccination date: 2010-09-17
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 375000

AI-assisted case summary:
Barbara Collins filed a petition on September 9, 2013, alleging that an influenza vaccine administered on September 17, 2010, caused her to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent denied that the flu vaccine caused petitioner's GBS. On November 21, 2014, both parties filed a joint stipulation to settle the case. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $375,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Danielle Anne Strait of Maglio, Christopher & Toale, PA. Respondent was represented by Voris Edward Johnson of the United States Department of Justice. In a separate decision on November 20, 2014, Special Master Dorsey also approved a stipulation for attorneys' fees and costs, awarding $16,800.00 jointly payable to petitioner and her attorney, Danielle A. Strait. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical experts consulted by either party. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Barbara Collins alleged that an influenza vaccine received on September 17, 2010, caused her to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation on November 21, 2014, agreeing to a settlement. Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Petitioner was awarded $375,000.00 in compensation. Attorneys' fees and costs of $16,800.00 were awarded jointly to petitioner and her counsel, Danielle Anne Strait of Maglio, Christopher & Toale, PA. The public decision does not detail the specific medical evidence, expert testimony, or the proposed mechanism of causation, relying instead on the parties' stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00656-0
Date issued/filed: 2014-12-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/21/2014) regarding 38 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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CCaassee 11::1133--vvvv--0000665566--UUNNJJ DDooccuummeenntt 3485 FFiilleedd 1112//2112//1144 PPaaggee 11 ooff 27
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-656V
Filed: November 21, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
BARBARA COLLINS, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza (Flu) vaccine; Guillain-
AND HUMAN SERVICES, * Barré Syndrome (GBS)
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Danielle Anne Strait, Maglio, Christopher & Toale, PA, Washington, DC, for petitioner.
Voris Edward Johnson, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On September 9, 2013, Barbara Collins (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that she suffered from Guillain-Barré syndrome that was caused in fact by an
influenza (“flu”) vaccine that was administered to her on September 17, 2010. See Petition at 1.
Petitioner further alleged that she experienced the residual effects of these injuries for more than
six months. Id. at 2.
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 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

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On November 21, 2014, the parties filed a stipulation, stating that a decision should be
entered awarding compensation.
Respondent denies that the flu vaccine administered to petitioner on or about September
17, 2010, is the cause of her 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $375,000.00, in the form of a check payable to petitioner. This amount
represent 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.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
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

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00656-1
Date issued/filed: 2014-12-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/21/2014) regarding 39 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00656-UNJ Document 46 Filed 12/12/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 21, 2014
* * * * * * * * * * * * * * UNPUBLISHED
BARBARA COLLINS, * No. 13-656V
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Danielle Anne Strait, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Voris Edward Johnson, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On September 9, 2013, Barbara Collins (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that she suffered from Guillain-Barré syndrome that was caused in fact by an
influenza (“flu”) vaccine that was administered to her on September 17, 2010. See Petition at 1.
On November 21, 2014, a decision was entered based on the parties’ stipulation awarding
compensation to petitioner.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire decision will be available to the
public. Id.
2 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-00656-UNJ Document 46 Filed 12/12/14 Page 2 of 2
On November 20, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $16,800.00. In accordance with General Order #9,
petitioner’s counsel filed Petitioner’s Statement Regarding Fees and Costs signed by petitioner
stating that she did not personally incur costs in pursuit of her claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, Danielle
A. Strait, of the law firm Maglio, Christopher & Toale, PA, in the amount of $16,800.00.
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/Nora Beth Dorsey
Nora Beth Dorsey
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