VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00810
Package ID: USCOURTS-cofc-1_13-vv-00810
Petitioner: Mavis E. Luther
Filed: 2014-07-10
Decided: 2014-07-10
Vaccine: influenza
Vaccination date: 2012-10-10
Condition: Guillain-Barré Syndrome (“GBS”) and/or peripheral neuropathy (“PN”)
Outcome: compensated
Award amount USD: 18000

AI-assisted case summary:
Petitioner Mavis E. Luther filed a petition on July 10, 2014, alleging that she suffered from Guillain-Barré Syndrome (GBS) and/or peripheral neuropathy (PN) as a result of receiving an influenza vaccine on October 10, 2012. She further alleged that she experienced residual effects from this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused petitioner's condition. The parties reached a stipulation to resolve the matter informally. Special Master Laura D. Millman adopted the stipulation, awarding Mavis E. Luther $18,000.00 for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, the Special Master awarded $8,505.04 for attorneys' fees and costs, payable jointly to petitioner and her attorney, Richard H. Moeller. The decision was issued on July 10, 2014.

Theory of causation field:
Petitioner Mavis E. Luther alleged that an influenza vaccine administered on October 10, 2012, caused Guillain-Barré Syndrome (GBS) and/or peripheral neuropathy (PN), with residual effects lasting more than six months. Respondent denied causation. The parties resolved the case via stipulation. The public decision does not detail the specific medical experts, clinical findings, onset, symptoms, treatments, or the precise mechanism of causation alleged or accepted. The Special Master adopted the stipulation, awarding $18,000.00 for damages and $8,505.04 for attorneys' fees and costs. The decision was issued by Special Master Laura D. Millman on July 10, 2014. Petitioner was represented by Richard H. Moeller, and respondent was represented by Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00810-0
Date issued/filed: 2014-07-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/10/2014) regarding 15 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00810-UNJ Document 19 Filed 07/31/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-810V
Filed: July 10, 2014
Not for Publication
*************************************
MAVIS E. LUTHER, *
*
Petitioner, *
* Damages decision based on
v. * stipulation; flu vaccine; GBS;
* peripheral neuropathy; fees and costs
SECRETARY OF HEALTH * decision based on stipulation
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Richard H. Moeller, Sioux City, IA, for petitioner.
Debra A. Filteau Begley, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1
On July 10, 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 from Guillain-
Barré Syndrome (“GBS”) and/or peripheral neuropathy (“PN”) as a result of her receipt of
influenza (“flu”) vaccine on October 10, 2012. Petitioner further alleges that she suffered the
residual effects of this injury for more than six months. Respondent denies that petitioner’s GBS
and/or PN, or any other condition, was caused by her flu vaccination. Nonetheless, the parties
agreed to resolve this matter informally.
The court finds the terms of the stipulation to be reasonable, hereby adopts the parties’
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-00810-UNJ Document 19 Filed 07/31/14 Page 2 of 7
stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant
to the attached stipulation, the court awards $18,000.00 for reimbursement for all damages that
would be available under 42 U.S.C. § 300aa-15(a) (2006).
The parties have also agreed on an appropriate amount for attorneys’ fees and costs in
this case. In accordance with General Order #9, petitioner asserts that she did not incur out-of-
pocket expenses in pursuit of her petition. Petitioner requests $8,505.04 in attorneys’ fees and
costs. Respondent does not object to this amount. The undersigned finds this amount to be
reasonable.
In sum, the court awards:
a. a lump sum of $18,000.00, representing compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check
made payable to petitioner in the amount of $18,000.00; and
b. a lump sum of $8,505.04, representing reimbursement for attorneys’ fees and costs.
The award shall be in the form of a check made payable jointly to petitioner and
Richard H. Moeller, Esq. in the amount of $8,505.04.
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: July 10, 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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