VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00771
Package ID: USCOURTS-cofc-1_13-vv-00771
Petitioner: Christine Ketcham
Filed: 2014-09-23
Decided: 2015-03-03
Vaccine: influenza
Vaccination date: 2012-12-11
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 265935

AI-assisted case summary:
On September 23, 2014, Christine Ketcham filed a petition alleging that she suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine she received on December 11, 2012. She further alleged that she suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her alleged GBS or any other injury. The parties, represented by counsel Herbert L. Waichman for the petitioner and Gordon E. Shemin for the respondent, reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Christine Ketcham a lump sum of $250,000.00 for all damages. This award was to be paid by check to the petitioner. Subsequently, on March 3, 2015, the parties filed a separate stipulation regarding attorneys' fees and costs. Following negotiations, the parties agreed that $15,935.00 was a reasonable amount for attorneys' fees and costs. Special Master Millman found this amount to be reasonable and awarded it, payable by check jointly to Christine Ketcham and her attorneys, Parker Waichman L.L.P. The total compensation awarded in this case was $265,935.00.

Theory of causation field:
Petitioner Christine Ketcham alleged that her December 11, 2012, receipt of an influenza vaccine caused her to develop Guillain-Barré Syndrome (GBS) and that she suffered residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding $250,000.00 in damages. A subsequent stipulation for attorneys' fees and costs resulted in an additional award of $15,935.00, bringing the total award to $265,935.00. The public decision does not describe the specific medical mechanism of causation, expert testimony, or detailed clinical facts regarding the onset, symptoms, tests, or treatments related to the alleged GBS.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00771-0
Date issued/filed: 2014-10-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/23/2014) regarding 23 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00771-UNJ Document 24 Filed 10/16/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-771V
Filed: September 23, 2014
Not for Publication
*************************************
CHRISTINE KETCHAM, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; Guillain-Barré
* Syndrome (GBS)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Herbert L. Waichman, Port Washington, NY, for petitioner.
Gordon E. Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 23, 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 December 11, 2012, 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 alleged GBS or
any other injury. Nonetheless, the parties agreed to resolve this matter informally.
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-00771-UNJ Document 24 Filed 10/16/14 Page 2 of 7
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
$250,000.00, 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 $250,000.00.
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: September 23, 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

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00771-1
Date issued/filed: 2015-03-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/03/2015) regarding 29 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00771-UNJ Document 30 Filed 03/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-771V
Filed: March 3, 2015
Not for Publication
*************************************
CHRISTINE KETCHAM, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Herbert L. Waichman, Port Washington, NY, for petitioner.
Gordon E. Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On March 3, 2015, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted a draft application for attorneys’
fees and costs to respondent. After informal negotiations, the parties agreed that $15,935.00 is a
reasonable amount for attorneys’ fees and costs in this case. The undersigned also finds this
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-00771-UNJ Document 30 Filed 03/24/15 Page 2 of 2
amount to be reasonable. Accordingly, the court awards $15,935.00, representing reimbursement
for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to
petitioner and Parker Waichman L.L.P. in the amount of $15,935.00.
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: March 3, 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