VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00680 Package ID: USCOURTS-cofc-1_13-vv-00680 Petitioner: Lisa Gladstone Filed: 2014-06-04 Decided: 2014-06-11 Vaccine: influenza Vaccination date: 2010-10-12 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 165000 AI-assisted case summary: Petitioner Lisa Gladstone filed a claim on June 4, 2014, alleging that she suffered from Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months, caused by an influenza vaccine she received on October 12, 2010. Respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's GBS or any other condition. The parties reached a stipulation to resolve the matter. Special Master Laura D. Millman adopted the stipulation and awarded petitioner $165,000.00 for all damages. Separately, on June 11, 2014, the parties filed a stipulation regarding attorneys' fees and costs. Petitioner requested reimbursement for attorneys' fees and costs in the amount of $12,441.61, which respondent did not object to. Special Master Millman found this amount to be reasonable and awarded $12,441.61, payable jointly to petitioner Lisa Gladstone and her attorneys, Britcher, Leone & Roth, LLC. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Lisa Gladstone alleged that an influenza vaccine administered on October 12, 2010, caused her Guillain-Barré Syndrome (GBS) and its residual effects, which lasted more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $165,000.00 for all damages. Attorneys' fees and costs of $12,441.61 were also awarded, payable jointly to petitioner and her counsel, Britcher, Leone & Roth, LLC. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the GBS. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00680-0 Date issued/filed: 2014-06-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/04/2014) regarding 15 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00680-UNJ Document 22 Filed 06/25/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-680V Filed: June 4, 2014 Not for Publication ************************************* LISA GLADSTONE, * * Petitioner, * * * Damages decision based on stipulation; v. * influenza vaccine; Guillain-Barré Syndrome * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Mindy M. Roth, Glen Rock, NJ, for petitioner. Justine E. Daigneault, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On June 4, 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 Guillain-Barré Syndrome (“GBS”) that was caused by her October 12, 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 GBS, 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-00680-UNJ Document 22 Filed 06/25/14 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 $165,000.00, representing compensation 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 for $165,000.00 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: June 4, 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-00680-UNJ Document 22 Filed 06/25/14 Page 3 of 7 Case 1:13-vv-00680-UNJ Document 22 Filed 06/25/14 Page 4 of 7 Case 1:13-vv-00680-UNJ Document 22 Filed 06/25/14 Page 5 of 7 Case 1:13-vv-00680-UNJ Document 22 Filed 06/25/14 Page 6 of 7 Case 1:13-vv-00680-UNJ Document 22 Filed 06/25/14 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00680-1 Date issued/filed: 2014-07-02 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/11/2014) regarding 18 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00680-UNJ Document 23 Filed 07/02/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-680V Filed: June 11, 2014 Not for Publication ************************************* LISA GLADSTONE, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Mindy M. Roth, Glen Rock, NJ, for petitioner. Justine E. Daigneault, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On June 11, 2014, 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 out-of-pocket expenses in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and costs to respondent. Petitioner requests reimbursement for attorneys’ fees and costs in the amount of $12,441.61. Respondent does not object to this amount. The undersigned 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-00680-UNJ Document 23 Filed 07/02/14 Page 2 of 2 finds this amount to be reasonable. Accordingly, the court awards $12,441.61, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Britcher, Leone & Roth, LLC in the amount of $12,441.61. 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: June 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