VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00711
Package ID: USCOURTS-cofc-1_13-vv-00711
Petitioner: Johnna Bailey
Filed: 2013-09-23
Decided: 2016-01-29
Vaccine: influenza
Vaccination date: 2011-02-23
Condition: Bell's palsy and other autoimmune conditions
Outcome: compensated
Award amount USD: 5594

AI-assisted case summary:
Johnna Bailey filed a petition on September 23, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on February 23, 2011, caused her to develop Bell's palsy and other autoimmune conditions. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged conditions. The parties subsequently filed a joint stipulation on November 13, 2015, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Under the terms of the stipulation, Petitioner was to receive a lump sum of $5,500.00 as compensation for all available damages. Additionally, a lump sum of $93.66 was awarded to reimburse a lien held by the Ohio Recovery Unit, making the total award $5,593.66. Petitioner's counsel was Kevin Mack of the Law Offices of Kevin Mack in Tiffin, Ohio. On January 7, 2016, the parties filed a further stipulation regarding attorneys' fees and costs. Special Master Hamilton-Fieldman approved an award of $16,507.61 for attorneys' fees and costs, payable jointly to Petitioner Johnna Bailey and her counsel, Kevin A. Mack. The Special Master found that the petition was brought in good faith and had a reasonable basis. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical experts consulted by either party. The mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Johnna Bailey alleged that an influenza vaccine received on February 23, 2011, caused her to develop Bell's palsy and other autoimmune conditions. Respondent denied causation. The parties entered into a joint stipulation on November 13, 2015, agreeing to compensation. Special Master Lisa Hamilton-Fieldman adopted the stipulation. Petitioner received a total award of $5,593.66 ($5,500.00 for damages and $93.66 for lien reimbursement). Attorneys' fees and costs totaling $16,507.61 were awarded on January 7, 2016, payable jointly to Petitioner and her counsel, Kevin Mack. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00711-0
Date issued/filed: 2015-12-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/13/2015) regarding 41 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00711-UNJ Document 42 Filed 12/04/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-711V
Filed: November 13, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
JOHNNA BAILEY, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Bell’s Palsy.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Kevin Mack, Law Offices of Kevin Mack, Tiffin, OH, for Petitioner.
Jennifer Reynaud, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On September 23, 2013, Johnna Bailey (“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 an influenza (“flu”) vaccination administered to her on February 23, 2011
caused her to develop Bell’s palsy and other autoimmune conditions.
On November 13, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that Petitioner’s alleged Bell’s
palsy and residual effects were caused-in-fact by the flu vaccine. However, the parties agree to
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, § 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

Case 1:13-vv-00711-UNJ Document 42 Filed 12/04/15 Page 2 of 7
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 stipulate that Petitioner shall receive the following compensation:
A. A lump sum of $5,500.00, in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a), except as set forth in paragraph B., below; and
B. A lump sum of $93.66, which amount represents reimbursement of a lien for
services rendered on behalf of Petitioner, in the form of a check payable jointly to
Petitioner and:
Ohio Recovery Unit
350 Worthington Rd., Suite G
Westerville, OH 43082
Case Number: 1023366
Petitioner agrees to endorse this payment to the appropriate State agency.
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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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

CCaassee 11::1133--vvvv--0000771111--UUNNJJ DDooccuummeenntt 4402 FFiilleedd 1112//1034//1155 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000771111--UUNNJJ DDooccuummeenntt 4402 FFiilleedd 1112//1034//1155 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000771111--UUNNJJ DDooccuummeenntt 4402 FFiilleedd 1112//1034//1155 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000771111--UUNNJJ DDooccuummeenntt 4402 FFiilleedd 1112//1034//1155 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000771111--UUNNJJ DDooccuummeenntt 4402 FFiilleedd 1112//1034//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00711-1
Date issued/filed: 2016-01-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/7/2016) regarding 45 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00711-UNJ Document 46 Filed 01/29/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-711V
Filed: January 7, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
JOHNNA BAILEY, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Kevin Mack, Law Offices of Kevin Mack, Tiffin, OH, for Petitioner.
Jennifer Reynaud, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On September 23, 2013, Johnna Bailey (“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 an influenza (“flu”) vaccination administered to her on February 23, 2011
caused her to develop Bell’s palsy and other autoimmune conditions. On November 13, 2015,
the undersigned issued a decision awarding compensation to Petitioner.
On January 7, 2016, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $16,507.61 in
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, § 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

Case 1:13-vv-00711-UNJ Document 46 Filed 01/29/16 Page 2 of 2
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner’s counsel
represents that Petitioner has not incurred any out-of-pocket litigation costs in pursuit of her
claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $16,507.61, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Kevin A.
Mack.
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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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