VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00878
Package ID: USCOURTS-cofc-1_13-vv-00878
Petitioner: Elaine S. Tito
Filed: 2014-08-04
Decided: 2014-08-27
Vaccine: influenza
Vaccination date: 2011-10-26
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Elaine S. Tito filed a petition for compensation under the National Vaccine Injury Compensation Program on August 4, 2014, alleging that she suffered transverse myelitis (TM) caused by her receipt of an influenza vaccine on October 26, 2011. She further alleged that she suffered residual effects from this injury for more than six months. Respondent denied that the flu vaccine caused her alleged TM or any other injury. The parties reached a stipulation to resolve the matter informally. On August 1, 2014, they filed a stipulation detailing the settlement terms, and on August 27, 2014, they filed a separate stipulation for attorneys' fees and costs. The court adopted the stipulation and awarded Ms. Tito a lump sum of $135,000.00 for all damages. Additionally, the court awarded $13,810.06 for attorneys' fees and costs, payable jointly to Ms. Tito and her attorneys. The decision was issued on August 4, 2014, for damages and August 27, 2014, for fees and costs.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00878-0
Date issued/filed: 2014-08-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/04/2014) regarding 16 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00878-UNJ Document 21 Filed 08/25/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-878V
Filed: August 4, 2014
Not for Publication
*************************************
ELAINE S. TITO, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; transverse
* myelitis (TM)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Randall E. Smith, Saco, ME, for petitioner.
Tara J. Kilfoyle, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On August 1, 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 transverse
myelitis (“TM”) that was caused by her October 26, 2011, receipt of influenza (“flu”) vaccine.
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 alleged TM or any other
injury. Nonetheless, the parties agreed to resolve this matter informally.
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-00878-UNJ Document 21 Filed 08/25/14 Page 2 of 7
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 lump sum of
$135,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $135,000.00 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: August 4, 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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Case 1:13-vv-00878-UNJ Document 21 Filed 08/25/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00878-1
Date issued/filed: 2014-09-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/27/2014) regarding 23 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00878-UNJ Document 26 Filed 09/17/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-878V
Filed: August 27, 2014
Not for Publication
*************************************
ELAINE S. TITO, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of facts
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Randall E. Smith, Saco, ME, for petitioner.
Tara J. Kilfoyle, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On August 27, 2014, the parties filed a stipulation of facts in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted her request 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
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-00878-UNJ Document 26 Filed 09/17/14 Page 2 of 2
attorneys’ fees and costs to $13,810.06. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $13,810.06,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Shaheen & Gordon, P.A., in the amount of $13,810.06.
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: August 27, 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