VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00886
Package ID: USCOURTS-cofc-1_13-vv-00886
Petitioner: Valerie Cozbey
Filed: 2013-11-08
Decided: 2016-01-08
Vaccine: influenza
Vaccination date: 2010-11-10
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Valerie Cozbey filed a petition on November 8, 2013, alleging that an influenza (flu) vaccine administered on November 8, 2010, which the parties later stipulated was actually administered on November 10, 2010, caused her to suffer from Guillain-Barré syndrome (GBS). The respondent denied that the influenza vaccine caused Petitioner's alleged GBS or any other injury, and further denied that Petitioner's current disabilities were sequelae of a vaccine-related injury. The parties reached a tentative settlement, and on December 2, 2015, they filed a joint stipulation concerning attorneys' fees and costs, agreeing to an award of $13,300.00. Petitioner's counsel was Donald Philip Edwards of Atlanta, Georgia. Special Master Lisa Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis for the claim and awarded the attorneys' fees and costs. On December 17, 2015, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Special Master Hamilton-Fieldman found this stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $110,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was unpublished. The respondent's counsel was Michael Milmoe from the United States Department of Justice.

Theory of causation field:
Petitioner Valerie Cozbey alleged that an influenza vaccine administered on November 10, 2010, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties filed a joint stipulation agreeing to compensation. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. Petitioner was awarded a lump sum of $110,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $13,300.00 were awarded separately, payable jointly to Petitioner and her counsel, Donald Philip Edwards. The decision was issued on January 8, 2016, following a stipulation filed on December 17, 2015. The public decision does not describe the specific medical or scientific mechanism of causation, nor does it name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00886-0
Date issued/filed: 2015-12-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/7/2015) regarding 39 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00886-UNJ Document 42 Filed 12/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-886V
Filed: December 7, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
VALERIE COZBEY, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Final Fees and Costs; Reasonable
* Amount Requested to which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Donald Philip Edwards, Atlanta, GA, for Petitioner.
Michael Milmoe, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On November 8, 2013, Valerie Cozbey (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that the administration of an influenza (“flu”) vaccine on
November 8, 2010 caused her to suffer from Guillain-Barré Syndrome (“GBS”). On September
9, 2015, the undersigned issued a 15-Week Order on the basis of the parties’ tentative settlement.
A decision awarding compensation to Petitioner has not yet been issued.
On December 2, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. Pursuant to their stipulation, the parties have agreed to an award of $13,300.00 in
attorneys’ fees and costs. In accordance with General Order #9, Petitioner represents that she
has not incurred any costs in pursuit of this claim. See Notice Regarding General Order No. 9,
filed November 30, 2015.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $13,300.00, in the
1 The undersigned intends to post this unpublished decision on the United States Court of Federal Claims’
website, 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 file a motion for redaction “of any information furnished by that party
(1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion
of privacy.” In the absence of such motion, the entire decision will be available to the public. Id.
1

Case 1:13-vv-00886-UNJ Document 42 Filed 12/28/15 Page 2 of 2
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Donald Philip
Edwards.
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.2
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2 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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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00886-1
Date issued/filed: 2016-01-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/18/2015) regarding 39 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00886-UNJ Document 43 Filed 01/08/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-886V
Filed: December 18, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
VALERIE COZBEY, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Donald Philip Edwards, Atlanta, GA, for Petitioner.
Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On November 8, 2013, Valerie Cozbey (“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 an influenza (“flu”) vaccination administered to her on November 8,
20103 caused her to suffer from Guillain-Barré syndrome (“GBS”).
On December 17, 2015, the parties filed a stipulation in which they state that a decision
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, § 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.
3 The parties ultimately stipulated that the flu vaccine was, in fact, administered on November
10, 2010.
1

Case 1:13-vv-00886-UNJ Document 43 Filed 01/08/16 Page 2 of 7
should be entered awarding compensation. Respondent denies that the influenza vaccine caused
Petitioner’s alleged GBS, or any other injury, and further denies that Petitioner’s current
disabilities are sequelae of a vaccine-related injury. However, 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 $110,000.00 in the form of a check payable to Petitioner,
representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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.4
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
4 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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