VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00837
Package ID: USCOURTS-cofc-1_13-vv-00837
Petitioner: Mae Miller
Filed: 2013-10-25
Decided: 2015-07-01
Vaccine: influenza
Vaccination date: 2010-10-29
Condition: polyarthritis and/or rheumatoid arthritis
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Mae Miller filed a petition on October 25, 2013, alleging that an influenza vaccine she received on October 29, 2010, caused her to develop polyarthritis and/or rheumatoid arthritis with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's alleged injuries or any other injury. The parties, however, agreed to a joint stipulation filed on December 23, 2014, to settle the case. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Separately, attorneys' fees and costs totaling $17,000.00 were awarded to petitioner's counsel, Jeffrey A. Golvash of Brennan, Robins & Daley, P.C. The decision regarding fees and costs was issued on July 1, 2015, also by Special Master Christian J. Moran, based on a stipulation filed on May 27, 2015, where respondent did not object to the requested amount after petitioner amended her application. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical mechanism of causation.

Theory of causation field:
Petitioner Mae Miller alleged that an influenza vaccine received on October 29, 2010, caused polyarthritis and/or rheumatoid arthritis with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on December 23, 2014, to settle the claim. Special Master Christian J. Moran adopted the stipulation, awarding $50,000.00 in compensation for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $17,000.00 were awarded separately on July 1, 2015, based on a subsequent stipulation. The public decision does not detail the specific medical mechanism or name any experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00837-0
Date issued/filed: 2015-01-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/30/2014) regarding 35 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00837-UNJ Document 39 Filed 01/21/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MAE MILLER, *
* No. 13-837V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: December 30, 2014
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * polyarthritis; rheumatoid arthritis.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for Petitioner;
Darryl R. Wishard, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On December 23, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Mae Miller on October 25, 2013. In her
petition, Ms. Miller alleged that the influenza vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received
on October 29, 2010, caused her to suffer polyarthritis and/or rheumatoid arthritis.
Petitioner further alleges that she suffered 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 on her behalf as a result of her condition.
Respondent denies that the flu vaccine either caused or significantly
aggravated petitioner's alleged injuries or any other injury, and denies that
petitioner's current disabilities are the result of a vaccine-related 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 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-00837-UNJ Document 39 Filed 01/21/15 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 payment of $50,000.00 in the form of a check payable to
petitioner, Mae Miller. 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 13-837V 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

Case 1: 13-vv-00837-UNJ Document 39 Filed 01/21/15 Pag e 3 of 7

Miller
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6. Respondent denies that the flu vaccine either caused or significantly aggravated
petitioner's alleged injuries or any other injury, and denies that petitioner's current disabilities
are the result of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after atJ entry ofj udgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health. and Human
Services will issue the following vaccine compensation payment:
A lump sum of $50,000.00, in the fonn of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l ), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
l 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

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11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts
awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C.
§ 300aa-15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C.
§ 300aa-l5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U .S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the flu vaccine administered on October 29, 20 I 0, as alleged by
petitioner in a petition for vaccine compensation filed on or about October 25, 2013, in the
United States Court of Federal Claims as petition No. 13-837.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
oft his Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
3
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Miller
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decision that is in complete conformity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as other"1ise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing otlier tha~ is herein expressly stated
and clearly agreed to. The parties further agree and understand t_hat the award described in this
stipulation may reflect a compromise oft he parties' respective positions as to liability and/or
amount of damages, and further, that a change in tb.e nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services tb.atthe flu vaccine received by petitioner either caused or
significantly aggravated petitioner's alleged injuries or any other injury.
18. All rights and obligatfons of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators. successors, and/or assigns.
END OF STIPULATION
4

Miller
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Respectfully submitted,
PETITIONER:
$tU-:Jt~
MAEMIL;a1.ER
ATTO .. - RECORD FOR AUTHORIZED REPRESENTATIVE
PETITI E • OF THE ATTORNEY GENERAL:
~~
RE J\ ~MATANOSKI
ren11 , bins & Daley, P.C. Deputy Director
itt Commons, Suite 200 Torts Branch
Pittsburgh, PA 15219-1322 Civil Division
(412) 281-0776 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFE!EALTH RESPONDENT:
AND HUMAN SERVI
~
A.J~~l'Aii<)lJitffil,(iM~.DD~.,NMLJ.P(i.H,tfFAAPAAf>" DARRYLR.WIBHARD
Director, Division of Injury Trial Attorney
Compensation Programs (DICP) Torts Branch
Healthcare Systems Bureau Civil Division
U.S. DepartmentofHealth and U.S. Department ofJustice
Hilman Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop J lC-26 Washington, DC 20044-0146
Rockville, MD 20857 (202) 616-4357
5

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00837-1
Date issued/filed: 2015-07-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/01/2015) regarding 42 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00837-UNJ Document 45 Filed 07/01/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MAE MILLER, *
* No. 13-837V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: June 2, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for Petitioner;
Darryl R. Wishard, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On May 27, 2015, petitioner 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 $17,000.00, an amount to which respondent does not object.
The Court awards this amount.
On October 25, 2013, Mae Miller filed a petition for compensation alleging
that the influenza vaccine, which she received on October 29, 2010, caused her to
suffer polyarthritis and/or rheumatoid arthritis. Petitioner received compensation
based upon the parties’ stipulation. Decision, issued Dec. 30, 2014. 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-00837-UNJ Document 45 Filed 07/01/15 Page 2 of 2
Petitioner seeks a total of $17,000.00, 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 $17,000.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Jeffrey A. Golvash, from Brennan,
Robins & Daley, P.C., 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) 357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2