VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00757 Package ID: USCOURTS-cofc-1_13-vv-00757 Petitioner: Brenda Darlene Richardson Filed: 2013-12-12 Decided: 2014-12-12 Vaccine: influenza Vaccination date: 2011-10-20 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Brenda Darlene Richardson filed a petition on December 12, 2013, alleging that she received an influenza vaccine on October 20, 2011, which caused her to develop Guillain-Barré Syndrome (GBS) and suffer residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Richardson's GBS or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. The parties reached a stipulation to resolve the matter. On December 12, 2014, Special Master Laura D. Millman issued a decision adopting the stipulation and awarding Ms. Richardson $200,000.00 in damages, representing reimbursement for all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid as a check to Ms. Richardson. Subsequently, on June 26, 2015, Special Master Millman issued a decision regarding attorneys' fees and costs. The parties had stipulated to a total of $38,500.00. This amount consisted of $37,466.14 for attorneys' fees and costs, payable jointly to Ms. Richardson and her law firm, Rawls, McNelis & Mitchell, P.C., and $1,033.86 for Ms. Richardson's costs, payable directly to her. The total compensation awarded in this case was $201,033.86. Theory of causation field: Petitioner Brenda Darlene Richardson alleged that an influenza vaccine administered on October 20, 2011, caused her to develop Guillain-Barré Syndrome (GBS) and suffer residual effects for more than six months. Respondent denied the causal link. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding $200,000.00 in damages on December 12, 2014. Attorneys' fees and costs were subsequently stipulated and awarded on June 26, 2015, totaling $38,500.00 ($37,466.14 for attorneys' fees and costs payable jointly to petitioner and Rawls, McNelis & Mitchell, P.C., and $1,033.86 for petitioner's costs payable to petitioner). The specific medical experts, clinical details of the GBS onset and progression, diagnostic tests, treatments, or the precise mechanism of causation were not detailed in the public decision, as the case was resolved via stipulation. The public decision does not specify if the theory relied on the Vaccine Injury Table. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00757-0 Date issued/filed: 2015-01-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/12/2014) regarding 24 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00757-UNJ Document 29 Filed 01/07/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-757V Filed: December 12, 2014 Not for Publication ************************************* BRENDA DARLENE RICHARDSON, * * Petitioner, * * * Damages decision based on stipulation; v. * influenza (flu) vaccine; Guillain-Barré * Syndrome (GBS) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Elizabeth M. Muldowney, Richmond, VA, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On December 12, 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 Guillain-Barré Syndrome (“GBS”) that was caused by her October 20, 2011, receipt of influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. 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. 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-00757-UNJ Document 29 Filed 01/07/15 Page 2 of 7 Nonetheless, the parties agreed to resolve this matter informally. 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 lump sum of $200,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form of a check payable to petitioner in the amount of $200,000.00. 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 12, 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 Case 1:13-vv-00757-UNJ Document 29 Filed 01/07/15 Page 3 of 7 Case 1:13-vv-00757-UNJ Document 29 Filed 01/07/15 Page 4 of 7 Case 1:13-vv-00757-UNJ Document 29 Filed 01/07/15 Page 5 of 7 Case 1:13-vv-00757-UNJ Document 29 Filed 01/07/15 Page 6 of 7 Case 1:13-vv-00757-UNJ Document 29 Filed 01/07/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00757-1 Date issued/filed: 2015-07-17 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 6/26/15) regarding 32 DECISION Fees Stipulation/Proffer. Signed by Special Master Laura D Millman. (LJG) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00757-UNJ Document 35 Filed 07/17/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-757V Filed: June 26, 2015 Not for Publication ************************************* BRENDA DARLENE RICHARDSON, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Elizabeth M. Muldowney, Richmond, VA, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On June 26, 2015, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. 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 attorneys’ fees and costs to $38,500.00, consisting of $37,466.14 in attorneys’ fees and costs and $1,033.86 in 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-00757-UNJ Document 35 Filed 07/17/15 Page 2 of 2 petitioner’s costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards: a. $37,466.14, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Rawls, McNelis & Mitchell, P.C. in the amount of $37,466.14; and b. $1,033.86, representing reimbursement for petitioner’s costs. The award shall be in the form of a check payable to petitioner in the amount of $1,033.86. 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: June 26, 2015 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