VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00725
Package ID: USCOURTS-cofc-1_13-vv-00725
Petitioner: Annette Packey
Filed: 2013-12-19
Decided: 2014-12-19
Vaccine: influenza
Vaccination date: 2012-10-23
Condition: acute inflammatory neurological injury
Outcome: compensated
Award amount USD: 650000

AI-assisted case summary:
Annette Packey filed a petition on December 19, 2013, alleging that she suffered an acute inflammatory neurological injury caused by an influenza vaccine she received on October 23, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's condition. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Ms. Packey compensation. The award included an amount sufficient to purchase an annuity contract and a lump sum of $650,000.00 for all remaining damages. Additionally, attorneys' fees and costs totaling $22,068.91 were awarded, payable jointly to Ms. Packey and her attorneys, Maglio, Christopher & Toale, P.A. The decision was issued on December 19, 2014. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Danielle A. Strait, and respondent was represented by Lindsay Corliss.

Theory of causation field:
Petitioner Annette Packey alleged that an influenza vaccine administered on October 23, 2012, caused an acute inflammatory neurological injury. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded compensation based on this stipulation. The award included a lump sum of $650,000.00 and an amount for an annuity. Attorneys' fees and costs of $22,068.91 were also awarded. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the case was resolved by stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00725-0
Date issued/filed: 2015-01-09
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/19/2014) regarding 38 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00725-UNJ Document 45 Filed 01/09/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-725V
Filed: December 19, 2014
Not for Publication
*************************************
ANNETTE PACKEY, *
*
Petitioner, * Damages decision based on stipulation;
* influenza (flu) vaccine; acute inflammatory
v. * neurological injury
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Danielle A. Strait, Washington, DC, for petitioner.
Lindsay Corliss, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On December 19, 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 an acute
inflammatory neurological injury that was caused by her October 23, 2012 receipt of influenza
(“flu”) vaccine. Respondent denies that the flu vaccine caused petitioner to suffer an acute
inflammatory neurological injury or any other injury, and denies that the flu vaccine caused 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-00725-UNJ Document 45 Filed 01/09/15 Page 2 of 8
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. an amount sufficient to purchase the annuity contract described in paragraph 10 of the
attached stipulation. This amount shall be paid to the life insurance company from which
the annuity will be purchased; and
b. a lump sum of $650,000.00, representing compensation for all remaining damages that
would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a
check for $650,000.00 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: December 19, 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

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00725-1
Date issued/filed: 2015-01-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/19/2014) regarding 39 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00725-UNJ Document 46 Filed 01/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-725V
Filed: December 19, 2014
Not for Publication
*************************************
ANNETTE PACKEY, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Danielle A. Strait, Washington, DC, for petitioner.
Lindsay Corliss, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On December 19, 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 costs in pursuit of her petition. Petitioner submitted a draft application for attorneys’
fees and costs to respondent. During informal discussions, respondent raised objections to certain
items in petitioner’s application. Based on these objections, petitioner amends her application for
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-00725-UNJ Document 46 Filed 01/09/15 Page 2 of 2
attorneys’ fees and costs to $22,068.91. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $22,068.91,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Maglio, Christopher & Toale, P.A., located at 1605 Main
Street, Suite 710, Sarasota, Florida 34326, in the amount of $22,068.91.
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: December 19, 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