VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00872
Package ID: USCOURTS-cofc-1_13-vv-00872
Petitioner: Karen Schuler
Filed: 2014-06-24
Decided: 2014-10-10
Vaccine: influenza
Vaccination date: 2010-11-08
Condition: Guillain-Barré syndrome and steroid myopathy
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Karen Schuler filed a petition on June 24, 2014, alleging that an influenza vaccine administered on November 8, 2010, caused her to develop Guillain-Barré syndrome (GBS) and steroid myopathy. The parties reached a tentative agreement, and a stipulation regarding compensation was filed on September 16, 2014. Respondent denied that the vaccination caused the alleged injuries or that Ms. Schuler experienced residual effects for more than six months. Nevertheless, the parties stipulated to an award of $20,000.00 for all damages available under the Vaccine Act. Special Master Thomas L. Gowen approved the stipulation and ordered judgment to be entered accordingly. Separately, on June 24, 2014, the parties stipulated to an award of $15,250.00 for attorneys' fees and costs, which was also granted by Special Master Gowen. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Lindsay Corliss of the United States Department of Justice.

Theory of causation field:
Karen Schuler filed a petition alleging that an influenza vaccine administered on November 8, 2010, caused Guillain-Barré syndrome (GBS) and steroid myopathy. The respondent denied that the vaccination caused the alleged injuries or that petitioner experienced residual effects for more than six months. The parties stipulated to an award of $20,000.00 for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The Special Master, Thomas L. Gowen, approved the stipulation on October 10, 2014. Attorneys' fees and costs in the amount of $15,250.00 were also stipulated and approved by Special Master Gowen on July 16, 2014. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Lindsay Corliss.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00872-0
Date issued/filed: 2014-07-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/24/2014) regarding 16 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00872-UNJ Document 20 Filed 07/16/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 13-872
Filed: June 24, 2014
* * * * * * * * * * * * * *
KAREN SCHULER, * UNPUBLISHED
*
Petitioner, *
* Special Master Gowen
v. *
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to
* Which Respondent Does Not Object.
Respondent. *
*
* * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Lindsay Corliss, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On November 1, 2013, Karen Schuler (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). The
petition alleges that as a result of an influenza vaccine administered to her on November 8, 2010,
petitioner suffered from Guillain-Barré syndrome and steroid myopathy. Petition at 1. On June
12, 2014, a 15-Week Stipulation Order was entered based on the parties’ tentative agreement in
this case. It is expected that a stipulation regarding compensation will have been filed by
November 2014.
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-00872-UNJ Document 20 Filed 07/16/14 Page 2 of 2
On June 24, 2014, the parties filed a Stipulation of Facts Concerning Final Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to an award to petitioner of
attorney’s fees and costs in the amount of $15,250.00. In accordance with General Order #9,
petitioner’s counsel represents that petitioner has not incurred any personal litigation 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 the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorney’s fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to Paul R. Brazil, of Muller
Brazil, LLP, in the amount of $15,250.00.
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/Thomas L. Gowen
Thomas L. Gowen
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00872-1
Date issued/filed: 2014-10-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/17/2014) regarding 23 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00872-UNJ Document 26 Filed 10/10/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-872V
Filed: September 17, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
KAREN SCHULER, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillian-Barre Syndrome;
SECRETARY OF HEALTH * Steroid Myopathy
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, PA, for petitioner.
Lindsay Corliss, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On November 1, 2013, Karen Schuler (“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, as a result of receiving an influenza (“flu”) vaccine on November 8, 2010,
she developed Guillain-Barre Syndrome (GBS) and steroid myopathy. Stipulation ¶ 2, 4, filed
Sept. 16, 2014. Further, petitioner alleged that she experienced residual effects of her injuries for
more than six months. Id. at ¶ 4.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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).
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-00872-UNJ Document 26 Filed 10/10/14 Page 2 of 7
On September 16, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s alleged GBS or steroid myopathy, and/or any other injury or condition. Id. at ¶ 6.
Respondent also denies that petitioner experienced the residual effects of these injuries for more
than six months. Id. Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $20,000.00, in the form of a check payable to petitioner, Karen
Schuler. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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

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