VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00659
Package ID: USCOURTS-cofc-1_13-vv-00659
Petitioner: Tammy Durre
Filed: 2015-03-26
Decided: 2015-03-26
Vaccine: influenza
Vaccination date: 2010-09-13
Condition: optic neuritis
Outcome: compensated
Award amount USD: 1072500

AI-assisted case summary:
Tammy Durre filed a petition on March 26, 2015, alleging that she suffered optic neuritis caused by an influenza vaccine she received on September 13, 2010. She further alleged that she experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her optic neuritis or any other condition. Despite the denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Tammy Durre a lump sum of $1,050,000.00 for all damages. A separate decision by Special Master Millman awarded $22,500.00 for attorneys' fees and costs, payable jointly to Ms. Durre and her attorney, Edward M. Kraus. The total compensation awarded was $1,072,500.00. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments related to Ms. Durre's condition. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Tammy Durre alleged that her optic neuritis was caused by an influenza vaccine received on September 13, 2010, and that she suffered residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. The Special Master adopted the stipulation, awarding $1,050,000.00 for damages and $22,500.00 for attorneys' fees and costs, for a total of $1,072,500.00. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The decision was issued by Special Master Laura D. Millman on March 26, 2015. Petitioner was represented by Edward M. Kraus, and respondent was represented by Lara A. Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00659-0
Date issued/filed: 2015-04-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/26/2015) regarding 22 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00659-UNJ Document 24 Filed 04/16/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-659V
Filed: March 26, 2015
Not for Publication
*************************************
TAMMY DURRE, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; optic neuritis
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Edward M. Kraus, Chicago, IL, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On March 26, 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 optic neuritis that
was caused by her September 13, 2010 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 optic neuritis, 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-00659-UNJ Document 24 Filed 04/16/15 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
$1,050,000.00, 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 $1,050,000.00.
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: March 26, 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-00659-UNJ Document 24 Filed 04/16/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00659-1
Date issued/filed: 2015-04-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/26/2015) regarding 23 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00659-UNJ Document 25 Filed 04/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-659V
Filed: March 26, 2015
Not for Publication
*************************************
TAMMY DURRE, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Edward M. Kraus, Chicago, IL, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On March 26, 2015, 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 an application for attorneys’ fees
and costs to respondent on January 26, 2015. 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-00659-UNJ Document 25 Filed 04/16/15 Page 2 of 2
amends her request for attorneys’ fees and costs to $22,500.00. Respondent does not object to
this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards
$22,500.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the
form of a check payable jointly to petitioner and Edward Kraus, Esq. of the Law Office of Chicago
Kent in the amount of $22,500.00.
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: March 26, 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