VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00722 Package ID: USCOURTS-cofc-1_13-vv-00722 Petitioner: Lacole Willis Filed: 2013-09-24 Decided: 2015-04-03 Vaccine: trivalent influenza Vaccination date: 2012-10-18 Condition: dysautonomia, central sensitization syndrome Outcome: compensated Award amount USD: 85000 AI-assisted case summary: Lacole Willis filed a petition on September 24, 2013, alleging that a trivalent influenza (flu) vaccination she received on October 18, 2012, caused her to develop dysautonomia, central sensitization syndrome, and other injuries. The respondent denied that the flu vaccine caused petitioner's conditions. The parties subsequently agreed to a joint stipulation filed on March 4, 2015, to settle the case. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $85,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $26,500.00 was awarded for attorneys' fees and costs, payable jointly to petitioner and her attorney, Andrew D. Downing of Van Cott & Talamante. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. The specific mechanism of causation was not detailed in the public decision. Theory of causation field: Petitioner Lacole Willis received a trivalent influenza vaccine on October 18, 2012, and subsequently alleged development of dysautonomia and central sensitization syndrome. The respondent denied causation. The parties entered into a joint stipulation on March 4, 2015, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a compensated outcome with an award of $85,000.00 for damages and $26,500.00 for attorneys' fees and costs. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged injury or the stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00722-0 Date issued/filed: 2015-04-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/06/2015) regarding 49 DECISION Awarding Damages and Fees based on parties' stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00722-UNJ Document 53 Filed 04/03/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * LACOLE WILLIS, * * No. 13-722V Petitioner, * Special Master Christian J. Moran * v. * Filed: March 6, 2015 * SECRETARY OF HEALTH * Stipulation; trivalent influenza AND HUMAN SERVICES, * (“flu”) vaccine; dysautonomia; * central sensitization syndrome; Respondent. * attorneys’ fees and costs. * * * * * * * * * * * * * * * * * * * * * * * * * Andrew D. Downing, Van Cott & Talamante, Phoenix, AZ, for Petitioner; Julia McInerny, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On March 4, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Lacole Willis on September 24, 2013. In her petition, Ms. Willis alleged that the trivalent 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 October 18, 2012, caused her to suffer dysautonomia, central sensitization syndrome, and other injuries as a result of her flu vaccination. Petitioner further alleges that she experienced the residual effects of these conditions 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 flu vaccine caused petitioner’s alleged dysautonomia, central sensitization syndrome or any other injury. 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-00722-UNJ Document 53 Filed 04/03/15 Page 2 of 7 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 and attorneys’ fees and costs, on the terms set forth therein. Compensation awarded in that stipulation includes: A. A lump sum payment of $85,000.00 in the form of a check payable to petitioner, Lacole Willis. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); and B. A lump sum of $26,500.00 in the form of a check payable jointly to petitioner and petitioner’s attorney, Andrew D. Downing, Van Cott & Talamante, 2025 N. Third Street, Suite 260, Phoenix, AZ 85004, for attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e), and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 13-722V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6360. IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran Special Master 2 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. 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