VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00754
Package ID: USCOURTS-cofc-1_13-vv-00754
Petitioner: Linda Vanslyke
Filed: 2013-09-27
Decided: 2015-11-24
Vaccine: influenza
Vaccination date: 2010-10-08
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 270000

AI-assisted case summary:
Linda Vanslyke filed a petition on September 27, 2013, alleging that a trivalent influenza vaccine she received on October 8, 2010, caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. On May 29, 2015, the parties filed a joint stipulation to settle the case. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $270,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs totaling $29,000.00 were awarded separately, payable to petitioner Linda Vanslyke and her attorney Clifford J. Shoemaker of Shoemaker and Associates. Additionally, out-of-pocket expenses of $401.12 were awarded to petitioner Linda Vanslyke. The decision was issued on June 2, 2015. A subsequent decision on November 24, 2015, finalized the award for attorneys' fees and costs. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Linda Vanslyke alleged that a trivalent influenza vaccine received on October 8, 2010, caused Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on May 29, 2015, which Special Master Christian J. Moran adopted as the Court's decision on June 2, 2015. Petitioner was awarded $270,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $29,000.00 and out-of-pocket expenses of $401.12 were awarded separately on November 24, 2015. The public decision does not detail the specific mechanism of injury, expert testimony, or medical evidence presented.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00754-0
Date issued/filed: 2015-07-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/02/2015) regarding 44 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00754-UNJ Document 48 Filed 07/01/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LINDA VANSLYKE, * No. 13-754V
*
Petitioner, * Special Master Moran
*
v. * Filed: June 2, 2015
*
SECRETARY OF HEALTH * Stipulation; trivalent influenza (“flu”)
AND HUMAN SERVICES, * vaccine; Guillain-Barré Syndrome
* (“GBS”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Clifford J. Shoemaker, Esq., Vienna, VA, for Petitioner;
Glenn A. Macleod, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On May 29, 2015, respondent filed a joint stipulation concerning the petition
for compensation filed by Linda Vanslyke on September 27, 2013. In her petition,
Ms. Vanslyke 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 8, 2010, caused her to suffer Guillain-Barré
Syndrome (“GBS”). Petitioner further alleges that she suffered the residual effects
of this injury for more than six months. Petitioner represents that there has been no
prior award or settlement of a civil action for damages on her behalf as a result of
her condition.
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 party has 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-00754-UNJ Document 48 Filed 07/01/15 Page 2 of 7
Respondent denies that the flu vaccine caused petitioner’s GBS or any other
injury and further denies that her current disabilities are a sequela of a vaccine-
related injury.
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, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $270,000.00 in the form of a check payable to petitioner,
Linda Vanslyke. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-754V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Christina Gervasi, 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.
2

CCaassee 11::1133--vvvv--0000775544--UUNNJJ DDooccuummeenntt 4438 FFiilleedd 0057//2091//1155 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000775544--UUNNJJ DDooccuummeenntt 4438 FFiilleedd 0057//2091//1155 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000775544--UUNNJJ DDooccuummeenntt 4438 FFiilleedd 0057//2091//1155 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000775544--UUNNJJ DDooccuummeenntt 4438 FFiilleedd 0057//2091//1155 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000775544--UUNNJJ DDooccuummeenntt 4438 FFiilleedd 0057//2091//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00754-1
Date issued/filed: 2015-11-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/21/2015) regarding 51 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00754-UNJ Document 52 Filed 11/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LINDA VANSLYKE * No. 13-754V
* Special Master Christian J. Moran
Petitioners, *
* Filed: October 21, 2015
v. *
* Attorneys’ fees and costs; award
SECRETARY OF HEALTH * in the amount to which
AND HUMAN SERVICES, * respondent does not object.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Clifford J. Shoemaker, Shoemaker and Associates, Vienna, VA, for Petitioners;
Glenn A. MacLeod, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On October 16, 2015, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $29,401.12, an amount to which respondent does not object.
The Court awards this amount.
On September 27, 2013, Linda VanSlyke filed a petition for compensation
alleging that the influenza vaccination received on October 8, 2010, caused her to
suffer injuries believed to be Guillain-Barré syndrome (“GBS”). Petitioner
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-00754-UNJ Document 52 Filed 11/24/15 Page 2 of 2
received compensation based upon the parties’ stipulation. Decision, issued June
2, 2015. Because petitioner received compensation, she is entitled to an award of
attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $29,000.00, in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred $401.12, in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $29,000.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Clifford J. Shoemaker, of
Shoemaker and Associates, for attorneys’ fees and other litigation
costs available under 42 U.S.C. § 300aa-15(e).
b. A lump sum of $401.12, made payable to petitioner, Linda VanSlyke,
for costs incurred in pursuit of her petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2