VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00741
Package ID: USCOURTS-cofc-1_13-vv-00741
Petitioner: Tina Prater
Filed: 2013-09-25
Decided: 2014-04-11
Vaccine: influenza
Vaccination date: 2012-12-10
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
On September 25, 2013, Tina Prater filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination administered on December 10, 2012, caused her to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the petitioner's injury. Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on March 19, 2014, to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation awarded Petitioner a lump sum of $65,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Anne Toale of Maglio, Christopher & Toale. The public decision does not describe the specific onset of symptoms, medical tests, or treatments. A separate decision on March 20, 2014, addressed attorneys' fees and costs. The parties filed a stipulation requesting a total payment of $8,964.71 for attorney's fees and costs. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis and awarded the requested amount. This sum was to be paid as a lump sum in the form of a check payable jointly to Petitioner and her counsel, Maglio, Christopher & Toale, PA Law Firm, and forwarded to their Sarasota, Florida office. The clerk of the court was directed to enter judgment accordingly, as both parties waived their right to seek review.

Theory of causation field:
Petitioner Tina Prater alleged that an influenza vaccine administered on December 10, 2012, caused her to develop Guillain-Barré syndrome (GBS). Respondent denied causation. The parties entered into a joint stipulation on March 19, 2014, agreeing to settle the case. Special Master Hamilton-Fieldman adopted the stipulation, awarding Petitioner $65,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs totaling $8,964.71 were awarded via a separate stipulation on March 20, 2014, payable jointly to Petitioner and her counsel, Maglio, Christopher & Toale, PA Law Firm. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation, relying instead on the parties' stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00741-0
Date issued/filed: 2014-04-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/19/2014) regarding 15 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00741-UNJ Document 23 Filed 04/10/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-741V
(E-Filed: March 19, 2014)
* * * * * * * * * * * * * * *
TINA PRATER, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Influenza vaccine; Guillain-Barre
SECRETARY OF HEALTH AND * syndrome; Decision; Stipulation.
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Anne Toale, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.
Lindsay Corliss, United States Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 25, 2013, Petitioner, Tina Prater, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”). Petitioner alleged that she was injured by the administration of an influenza
vaccination on December 10, 2012, and that she thereafter suffered Guillain-Barre
syndrome (“GBS”). Petitioner alleged that this condition was caused-in-fact by her
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this decision on the
United States Court of Federal Claims’ website, 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).
Otherwise, “the entire” decision will be available to the public. Id.
1

Case 1:13-vv-00741-UNJ Document 23 Filed 04/10/14 Page 2 of 7
influenza vaccination.2
Respondent denies that Petitioner’s vaccination caused her injury. Nonetheless,
both parties, while maintaining their above stated positions, agreed in a Stipulation, filed
March 19, 2014, (“Stipulation”) that the issues before them can be settled and that a
decision should be entered awarding Petitioner compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $65,000.00, 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) to which Petitioner would be
entitled.
Stipulation ¶ 8.
The undersigned approves the requested amounts for Petitioner’s compensation.
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.3
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
(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.
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

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00741-1
Date issued/filed: 2014-04-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/20/2014) regarding 17 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00741-UNJ Document 24 Filed 04/11/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-741V
(E-Filed: March 20, 2014)
* * * * * * * * * * * * * * *
TINA PRATER, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Anne Toale, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.
Lindsay Corliss, United States Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the
undersigned issued a decision on March 19, 2014. On March 20, 2014, the parties filed a
stipulation concerning attorney’s fees and costs in this matter. The parties’ stipulation
requests a total payment of $8,964.71, representing attorney’s fees and costs. In
accordance with General Order #9, the stipulation includes a statement that Petitioner
incurred no reimbursable costs in pursuit of his claim.
1 The undersigned intends to post this decision on the United States Court of
Federal Claims’ website, 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 trade secret or
commercial or financial information and is privileged or confidential, or (2) that are
medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, “the entire” decision
will be available to the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:13-vv-00741-UNJ Document 24 Filed 04/11/14 Page 2 of 2
I find 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, I hereby award the total $8,964.71, as a
lump sum in the form of a check payable jointly to Petitioner and Petitioner’s
counsel, the Maglio, Christopher & Toale, PA Law Firm, forwarded to the main
office of Maglio, Christopher & Toale, located at 1605 Main Street, Suite 710,
Sarasota, Florida 34236.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2