VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00768
Package ID: USCOURTS-cofc-1_13-vv-00768
Petitioner: Tammy Andrisek
Filed: 2015-02-06
Decided: 2015-07-28
Vaccine: influenza
Vaccination date: 2011-11-07
Condition: Guillain-Barrè syndrome (which continued and is now characterized as a chronic demyelinating polyneuropathy)
Outcome: compensated
Award amount USD: 607962

AI-assisted case summary:
Tammy Andrisek filed a petition on February 6, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that after receiving an influenza vaccine on November 7, 2011, she developed Guillain-Barrè syndrome (GBS), which progressed to a chronic demyelinating polyneuropathy, and that she experienced the effects of this injury for more than six months. The respondent denied that the influenza vaccine caused her condition or any other injury. However, both parties agreed to settle the case through a stipulation, which was filed on February 6, 2015. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded Tammy Andrisek a lump sum of $583,681.00, payable to her, as compensation for all damages. Subsequently, on April 23, 2015, the parties filed another stipulation regarding attorney's fees and costs. Special Master Corcoran approved an award of $24,281.14 for attorney's fees and costs, payable jointly to Ms. Andrisek and her counsel, Danielle Strait. The total compensation awarded to Ms. Andrisek was $607,962. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Tammy Andrisek alleged that an influenza vaccine administered on November 7, 2011, caused Guillain-Barrè syndrome (GBS), which progressed to a chronic demyelinating polyneuropathy. The respondent denied causation. The parties reached a settlement via stipulation, approved by Special Master Brian H. Corcoran on March 27, 2015. The stipulation awarded $583,681.00 for all damages. A subsequent stipulation on April 23, 2015, approved by Special Master Corcoran on July 28, 2015, awarded $24,281.14 in attorney's fees and costs, payable jointly to Petitioner and counsel Danielle Strait. The total award was $607,962. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00768-0
Date issued/filed: 2015-03-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/06/2015) regarding 32 DECISION Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:13-vv-00768-UNJ Document 36 Filed 03/27/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-768V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
TAMMY ANDRISEK, * Filed: February 6, 2015
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barrè Syndrome (“GBS”);
SECRETARY OF HEALTH AND * Chronic Demyelinating
HUMAN SERVICES, * Polyneuropathy
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Anne Strait, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner.
Lindsay Corliss, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 3, 2013, Tammy Andrisek filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving
the influenza (“flu”) vaccine on November 7, 2011, she suffered from Guillain-Barrè syndrome
(“GBS”) (which continued and is now characterized as a chronic demyelinating polyneuropathy),
and that she experienced the effects of this injury for more than six months.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program comprises 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 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:13-vv-00768-UNJ Document 36 Filed 03/27/15 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s alleged GBS, and/or any other
injury, or her current condition. Nonetheless both parties, while maintaining their above-stated
positions, agreed in a stipulation (filed February 6, 2015) that the issues before them can be
settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding
damages on the terms set forth therein.
The stipulation awards:
 A lump sum of $583,681.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amounts set forth above to be made
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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

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Case 1:13-vv-00768-UNJ Document 36 Filed 03/27/15 Page 5 of 7

Case 1:13-vv-00768-UNJ Document 36 Filed 03/27/15 Page 6 of 7

Case 1:13-vv-00768-UNJ Document 36 Filed 03/27/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00768-1
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/23/2015) Regarding 38 DECISION Fees Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:13-vv-00768-UNJ Document 41 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-768V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
TAMMY ANDRISEK, * Filed: April 23, 2015
*
Petitioner, *
*
v. * Decision; Attorney’s
* Fees & Costs
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner.
Amy Kokot, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On October 3, 2013, Tammy Andrisek filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Thereafter, on February 6, 2015, the parties filed
a stipulation settling the case and detailing the amount to be awarded to Petitioner. I subsequently
issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner an award
as outlined in the stipulation.
Prior to having filed the aforementioned stipulation, on January 22, 2015, the parties filed
another stipulation, regarding attorney’s fees and costs. Petitioner requests reimbursement of
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises 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. § 300aa-10 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:13-vv-00768-UNJ Document 41 Filed 07/28/15 Page 2 of 2
attorney’s fees and costs in the amount of $24,281.14. This amount represents a sum to which
Respondent does not object. In addition, and in compliance with General Order No. 9, Petitioner’s
counsel asserts that Petitioner has not personally incurred litigation costs in conjunction with this
proceeding on the Petition.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $24,281.14 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Danielle Strait, Esq. Payment of this amount represents all attorney’s fees
and costs available under 42 U.S.C. § 300aa-15(e). In the absence of a motion for review filed
pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2