VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00805
Package ID: USCOURTS-cofc-1_13-vv-00805
Petitioner: Patricia Okai
Filed: 2015-09-17
Decided: 2016-02-12
Vaccine: influenza
Vaccination date: 2012-09-25
Condition: Guillain-Barré syndrome (“GBS”)
Outcome: compensated
Award amount USD: 843000

AI-assisted case summary:
Patricia Okai filed a petition on September 17, 2015, alleging that an influenza vaccine administered on September 25, 2012, caused her to develop Guillain-Barré syndrome (GBS) and related sequelae, with residual effects lasting more than six months. The Secretary of Health and Human Services denied that the vaccine caused the GBS or any other injury. The parties reached a stipulation to resolve the case, which Special Master Laura D. Millman adopted. The award included an amount to purchase an annuity, $227,333.02 to reimburse a State of Illinois Medicaid lien, and $565,627.00 for all remaining damages, including future life care plan expenses. The total award for damages was $843,000.00. Subsequently, on February 11, 2016, the parties stipulated to attorneys' fees and costs. Special Master Millman awarded $53,500.00 for attorneys' fees and costs, bringing the total compensation to $843,000.00. Edward M. Kraus represented the petitioner, and Ryan Daniel Pyles represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Patricia Okai alleged that an influenza vaccine administered on September 25, 2012, caused her to develop Guillain-Barré syndrome (GBS) and related sequelae. The respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation. The public decision does not detail the specific medical experts, the proposed mechanism of causation, or the evidence presented to support the claim. The case was resolved via stipulation, and the public decision does not describe the specific medical evidence or expert testimony that led to the agreement. The award included an annuity, $227,333.02 for a Medicaid lien, and $565,627.00 for other damages, totaling $843,000.00. Attorneys' fees and costs of $53,500.00 were awarded separately. The decision date for the damages award was September 17, 2015, and the decision date for attorneys' fees and costs was February 12, 2016. Petitioner's counsel was Edward M. Kraus, and respondent's counsel was Ryan Daniel Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00805-0
Date issued/filed: 2015-10-08
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 09/17/2015) regarding 33 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:13-vv-00805-UNJ Document 37 Filed 10/08/15 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-805V
Filed: September 17, 2015
Not for Publication
*************************************
PATRICIA OKAI, *
*
Petitioner, *
*
* Damages decision based on
v. * stipulation; influenza
* (“flu”) vaccine; Guillain-Barré
* syndrome (“GBS”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Edward M. Kraus, Chicago, Illinois, for petitioner.
Ryan Daniel Pyles, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 8, 2015, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that her September 25,
2012 influenza (“flu”) vaccine caused her to develop Guillain-Barré syndrome (“GBS”) and
related sequelae. 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 GBS or any
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-00805-UNJ Document 37 Filed 10/08/15 Page 2 of 10
other injury. Nonetheless, the parties agreed to resolve this matter informally.
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. an amount sufficient to purchase the annuity contract described in paragraph 10 of the
parties’ attached stipulation, paid to the life insurance company from which the annuity
will be purchased;
b. a lump sum of $227,333.02, representing reimbursement of a State of Illinois Medicaid
lien. The award shall be in the form of a check for $227,333.02 made payable jointly to
petitioner and
Illinois Dep’t of HFS
Bureau of Collections
Technical Recovery Section
401 S. Clinton, 5th Floor
Chicago, Illinois 60607-3800
Case No. 93-200-0000M40345
Petitioner agrees to endorse this payment to the State; and
c. a lump sum of $565,627.00 representing compensation for all remaining damages that
would be available under 42 U.S.C. § 300aa-15(a), including $40,627.00 for future life
care plan expenses for the first year following the entry of judgment. The award shall be
in the form of a check for $565,627.00 made payable 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.2
IT IS SO ORDERED.
Dated: September 17, 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

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00805-1
Date issued/filed: 2016-03-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/12/2016) regarding 40 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:13-vv-00805-UNJ Document 43 Filed 03/07/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-805V
Filed: February 12, 2016
Not for Publication
*************************************
PATRICIA OKAI, *
*
Petitioner, *
*
* Attorneys’ fees and costs decision
v. * based on stipulation of fact
*
*
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Edward M. Kraus, Chicago, Illinois, for petitioner.
Ryan D. Pyles, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On February 11, 2016, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
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, 44 U.S.C. § 3501 note (2012)
(Federal Management and Promotion of Electronic Government Services). 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-00805-UNJ Document 43 Filed 03/07/16 Page 2 of 2
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. During informal discussions, respondent raised objections to
certain items in petitioner’s application. Based on these objections, petitioner amends her
application for attorneys’ fees and costs to $53,500.00. Respondent does not object to this
amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards
$53,500.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the
form of a check payable jointly to petitioner and Law Offices, Chicago-Kent College of Law in
the amount of $53,500.00.
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: February 12, 2016 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