VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00782 Package ID: USCOURTS-cofc-1_13-vv-00782 Petitioner: Donna Monarch Filed: 2013-10-08 Decided: 2015-07-23 Vaccine: influenza Vaccination date: 2013-01-12 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: AI-assisted case summary: Donna Monarch filed a petition on October 8, 2013, alleging that an influenza (flu) vaccination she received on January 12, 2013, caused her to suffer from Guillain-Barré syndrome (GBS) and that she experienced residual effects or complications lasting more than six months. The Special Master's decision notes that a compensation decision was entered on June 9, 2015, based on a stipulation filed by the parties. However, the details of this compensation decision are not available in the public staging text. The public text focuses on a subsequent decision dated July 23, 2015, regarding attorneys' fees and costs. In a stipulation filed on July 1, 2015, the parties agreed to a total award for attorneys' fees and costs in the amount of $20,000.00. Petitioner's counsel, Danielle Anne Strait of Maglio, Christopher & Toale, PA, stated that the petitioner did not advance any reimbursable costs. Respondent, the Secretary of Health and Human Services, did not object to this request. Special Master Nora Beth Dorsey granted the request for attorneys' fees and costs, ordering that a check be issued jointly payable to Donna Monarch and Danielle A. Strait in the amount of $20,000.00. The decision was to be posted publicly unless a party requested redaction of trade secrets, commercial or financial information, or medical files, the disclosure of which would constitute a clearly unwarranted invasion of privacy. The clerk was ordered to enter judgment in accordance with the parties' stipulation. Theory of causation field: Petitioner Donna Monarch alleged that an influenza vaccine administered on January 12, 2013, caused her to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. A compensation decision was entered on June 9, 2015, based on a stipulation, but the details are not publicly available. A subsequent decision on July 23, 2015, by Special Master Nora Beth Dorsey addressed attorneys' fees and costs. The parties stipulated to an award of $20,000.00 for attorneys' fees and costs, which Special Master Dorsey granted. Petitioner was represented by Danielle Anne Strait of Maglio, Christopher & Toale, PA, and respondent was represented by Linda Sara Renzi. The specific medical theory of causation, expert testimony, or mechanism of injury is not detailed in the provided public text, which focuses on the attorneys' fees decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00782-0 Date issued/filed: 2015-07-23 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 7/02/2015) regarding 48 DECISION Fees Stipulation/Proffer. Signed by Special Master Nora Beth Dorsey. (fs) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00782-UNJ Document 51 Filed 07/23/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: July 2, 2015 * * * * * * * * * * * * * * UNPUBLISHED DONNA MONARCH, * No. 13-782v * Petitioner, * Special Master Dorsey * v. * * Attorneys’ Fees and Costs; SECRETARY OF HEALTH * Reasonable Amount Requested to which AND HUMAN SERVICES, * Respondent Does not Object. * Respondent. * * * * * * * * * * * * * * * Danielle Anne Strait, Maglio, Christopher & Toale, PA, Washington, DC, for petitioner. Linda Sara Renzi, United States Department of Justice, Washington, DC, for respondent. ATTORNEYS’ FEES AND COSTS DECISION1 On October 8, 2013, Donna Monarch (“petitioner”), filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that an influenza (flu) vaccine administered to her on January 12, 2013, caused her to suffer from Guillain-Barré syndrome (GBS). Petition at 1-2. Petitioner further alleged that she suffered the residual effects or complications of her vaccine injury for more than six months. Id. at 2. On June 9, 2015, the undersigned entered a decision awarding compensation to petitioner based on a stipulation filed by the parties. 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision 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, 116 Stat. 2899, 2913 (Dec. 17, 2002). As provided by 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 entire 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, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:13-vv-00782-UNJ Document 51 Filed 07/23/15 Page 2 of 2 On July 1, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of attorneys’ fees and costs in the amount of $20,000.00. In accordance with General Order #9, petitioner’s counsel states that petitioner did not advance any reimbursable costs in pursuit of this claim. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection by respondent, the undersigned GRANTS the request for approval and payment of attorneys’ fees and costs. Accordingly, an award should be made as follows: in the form of a check jointly payable to petitioner and to petitioner’s attorney, Danielle A. Strait, of the law firm of Maglio, Christopher & Toale, PA, in the amount of $20,000.00. 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/Nora Beth Dorsey Nora Beth Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2