VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00786
Package ID: USCOURTS-cofc-1_13-vv-00786
Petitioner: Geraldine Jones
Filed: 2013-10-09
Decided: 2015-03-09
Vaccine: influenza
Vaccination date: 2010-10-13
Condition: immune-mediated thrombocytopenic purpura (ITP)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Geraldine Jones filed a petition on October 9, 2013, alleging that a trivalent influenza vaccine she received on or about October 13, 2010, caused her to develop immune-mediated thrombocytopenic purpura (ITP) with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's alleged ITP or any other injury. The parties subsequently filed a joint stipulation on January 13, 2015, to settle the case. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $85,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were awarded separately in a stipulation filed on February 10, 2015. Petitioner's counsel, Kate Westad of Lommen Abdo, P.A., initially submitted an application for fees and costs, to which respondent raised objections. Following discussions, petitioner amended her application to request $21,000.00, an amount to which respondent did not object. Special Master Moran awarded this amount in a lump sum payable to Geraldine Jones and her attorney, Kate Westad, for attorneys' fees and other litigation costs available under 42 U.S.C. § 300aa-15(e). The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Geraldine Jones alleged that a trivalent influenza vaccine received on or about October 13, 2010, caused her to develop immune-mediated thrombocytopenic purpura (ITP) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on January 13, 2015, which Special Master Christian J. Moran adopted as the decision of the Court. Petitioner was awarded $85,000.00 in compensation. Attorneys' fees and costs of $21,000.00 were awarded separately on February 11, 2015, based on a stipulation where respondent did not object to the amount requested by petitioner's counsel, Kate Westad of Lommen Abdo, P.A. The public decision does not detail the specific medical mechanism or provide expert testimony regarding causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00786-0
Date issued/filed: 2015-02-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/14/2015) regarding 40 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00786-UNJ Document 43 Filed 02/12/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
GERALDINE JONES, * No. 13-786V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: January 14, 2015
*
SECRETARY OF HEALTH * Stipulation; Trivalent influenza
AND HUMAN SERVICES, * (“flu”) vaccine; immune-mediated
* thrombocytopenic purpura (“ITP”).
Respondent. *
* * * * * * * * * * * * * * * * * * * *
Kate Westad, Lommen Abdo, P.A., Minneapolis, MN, for Petitioner;
Lindsay Corliss, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On January13, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Geraldine Jones on October 9, 2013. In her
petition, Ms. Jones alleged that the trivalent influenza (“flu”) vaccine, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and
which she received on or about October 13, 2010, caused her to develop immune-
mediated thrombocytopenic purpura (“ITP”). Petitioner further alleges that she
experienced the residual effects of this injury for more than six months. Petitioner
represents that there has been no prior award or settlement of a civil action for
damages as a result of her condition.
Respondent denies that the flu immunization is the cause of petitioner’s
alleged ITP, and/or any other injury.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00786-UNJ Document 43 Filed 02/12/15 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $85,000.00 in the form of a check payable to petitioner,
Geraldine Jones. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-786V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

CCaassee 11::1133--vvvv--0000778866--UUNNJJ DDooccuummeenntt 3493 FFiilleedd 0012//1132//1155 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000778866--UUNNJJ DDooccuummeenntt 3493 FFiilleedd 0012//1132//1155 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000778866--UUNNJJ DDooccuummeenntt 3493 FFiilleedd 0012//1132//1155 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000778866--UUNNJJ DDooccuummeenntt 3493 FFiilleedd 0012//1132//1155 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000778866--UUNNJJ DDooccuummeenntt 3493 FFiilleedd 0012//1132//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00786-1
Date issued/filed: 2015-03-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/11/2015) regarding 42 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00786-UNJ Document 45 Filed 03/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
GERALDINE JONES, * No. 13-786V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: February 11, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * *
Kate Westad, Lommen Abdo, P.A., Minneapolis, MN, for Petitioner;
Lindsay Corliss, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On February 10, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $21,000.00, an amount to which respondent does not object.
The Court awards this amount.
On October 9, 2013, Geraldine Jones filed a petition for compensation
alleging that the influenza vaccine, which she received on October 13, 2010,
caused her to develop immune-mediated thrombocytopenic purpura (“ITP”).
Petitioner received compensation based upon the parties’ stipulation. Decision,
filed Jan. 14, 2015. Because petitioner received compensation, she is entitled to an
award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00786-UNJ Document 45 Filed 03/09/15 Page 2 of 2
Petitioner seeks a total of $21,000.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $21,000.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Kate Westad, for attorneys’ fees
and other litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2