VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00769
Package ID: USCOURTS-cofc-1_13-vv-00769
Petitioner: Clifton C. Eastin, as Personal Representative of the Estate of Betty A. Eastin
Filed: 2014-08-05
Decided: 2015-07-28
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 296359

AI-assisted case summary:
Clifton C. Eastin, as Personal Representative of the Estate of Betty A. Eastin, filed a petition on August 5, 2014, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Betty Eastin suffered Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine, and that her subsequent death was a sequela of this vaccine-caused GBS. The respondent denied that the flu vaccine caused Mrs. Eastin's GBS or death. However, both parties entered into a stipulation to settle the case, agreeing that a decision should be entered awarding compensation. The court reviewed the stipulation and found it to be reasonable, adopting it as its decision. The stipulation awarded a lump sum of $275,000.00 for all damages. Subsequently, on March 27, 2015, the parties filed another stipulation regarding attorney's fees and costs, requesting $21,359.89. This amount was also not objected to by the respondent. The court approved the attorney's fees and costs as reasonable. Therefore, the total compensation awarded was $296,359.89, covering both damages and attorney's fees and costs.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00769-0
Date issued/filed: 2014-08-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/15/2014) regarding 20 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00769-UNJ Document 25 Filed 08/05/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-769V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CLIFTON C. EASTIN, as Personal Representative *
of the Estate of BETTY A. EASTIN, deceased, *
* Filed: July 15, 2014
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (Flu) Vaccine;
* Guillain-Barre Syndrome (GBS);
* Death
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner.
Claudia B. Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 3, 2013, Petitioner Clifton Eastin as the personal Representative of the Estate
of Betty Eastin filed an action seeking compensation under the National Vaccine Injury
Compensation Program (the “Vaccine Program”)2. Petitioner alleges that Mrs. Eastin suffered
1 Because this decision contains a reasoned explanation for my action in this case, I will 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 42 U.S.C. § 300aa-12(d)(4)(B),
however, the parties may object to the posted decision’s inclusion of certain kinds of confidential
information. Specifically, under 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 whole decision will be available to the
public. (Id.)
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,

Case 1:13-vv-00769-UNJ Document 25 Filed 08/05/14 Page 2 of 7
Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza (“flu”) vaccine and that
Mrs. Eastin’s death was a sequela of her vaccine-caused GBS.
Respondent denies that Mrs. Eastin’s GBS, death, or any related medical problems were
caused by her receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-
stated positions, agreed in a stipulation filed July 14, 2014 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 is reasonable. I therefore adopt it as my decision in awarding damages on the terms
set forth therein.
The stipulation awards:
a) A lump sum of $275,000.00, in the form of a check payable to petitioner as
legal representative of the Estate of Betty A. Eastin. This amount represents
compensation for all damages that would be available under 42 U.S.C. §300aa-
15(a).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amount 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
42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). 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), the parties may expedite entry of judgment by jointly (or
separately) filing notice(s) renouncing their right to seek review.
2

Case 1:13-vv-00769-UNJ Document 25 Filed 08/05/14 Page 3 of 7

Case 1:13-vv-00769-UNJ Document 25 Filed 08/05/14 Page 4 of 7

Case 1:13-vv-00769-UNJ Document 25 Filed 08/05/14 Page 5 of 7

Case 1:13-vv-00769-UNJ Document 25 Filed 08/05/14 Page 6 of 7

Case 1:13-vv-00769-UNJ Document 25 Filed 08/05/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00769-1
Date issued/filed: 2015-07-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/27/2015) Regarding 30 DECISION Fees Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00769-UNJ Document 33 Filed 07/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-769V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
CLIFTON C. EASTIN, as Personal Representative * Filed: March 27, 2015
of the Estate of BETTY A. EASTIN, deceased, *
*
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.
Claudia Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On October 3, 2013, Clifton Eastin, as personal representative of the estate of Betty Eastin,
deceased, filed a petition seeking compensation under the National Vaccine Injury Compensation
Program.2 Thereafter, on July 14, 2014, 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.
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-00769-UNJ Document 33 Filed 07/28/15 Page 2 of 2
On March 26, 2015, Petitioner filed another stipulation, this time regarding attorney’s fees
and costs. Petitioner requests reimbursement of attorney’s fees and costs in the amount of
$21,359.89. This amount represents a sum to which Respondent does not object. In addition, and
in compliance with General Order #9, Petitioner and Counsel filed a statement indicating that
Petitioner has advanced no costs in pursuit of this claim.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $21,359.89 should be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Danielle Strait, Esq. 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