VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00891
Package ID: USCOURTS-cofc-1_13-vv-00891
Petitioner: Meryl Thibodeaux
Filed: 2015-02-19
Decided: 2015-02-19
Vaccine: influenza
Vaccination date: 2010-11-15
Condition: arm pain, vomiting, nausea, tinnitus, vertigo, dizziness, loss of equilibrium, bruising (from falling), and hearing loss
Outcome: compensated
Award amount USD: 27500

AI-assisted case summary:
On February 19, 2015, Meryl Thibodeaux filed a petition alleging that she developed arm pain, vomiting, nausea, tinnitus, vertigo, dizziness, loss of equilibrium, bruising from falling, and hearing loss as a result of receiving an influenza vaccine on November 15, 2010. She further alleged that these conditions resulted in residual effects lasting more than six months. The respondent denied that the flu vaccine caused these conditions, except for hearing loss for more than six months. The parties reached a stipulation to resolve the matter. Special Master Laura D. Millman adopted the stipulation, awarding Meryl Thibodeaux $20,000.00 for all damages and $7,500.00 for attorneys' fees and costs, for a total award of $27,500.00. The award for damages was to be paid as a lump sum check made payable to the petitioner, and the award for attorneys' fees and costs was to be paid as a lump sum check made payable jointly to the petitioner and Cave Law Firm, L.L.C. The decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert testimony. Petitioner was represented by Michael L. Cave, and respondent was represented by Debra A. Filteau Begley.

Theory of causation field:
Petitioner Meryl Thibodeaux alleged that an influenza vaccine administered on November 15, 2010, caused arm pain, vomiting, nausea, tinnitus, vertigo, dizziness, loss of equilibrium, bruising from falling, and hearing loss, with residual effects lasting more than six months. Respondent denied causation for most conditions, except for hearing loss for more than six months. The parties reached a stipulation to resolve the case. The Special Master adopted the stipulation, awarding $20,000.00 for damages and $7,500.00 for attorneys' fees and costs, totaling $27,500.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award was based on a stipulation between petitioner Meryl Thibodeaux, represented by Michael L. Cave, and respondent, represented by Debra A. Filteau Begley, with Special Master Laura D. Millman issuing the decision on February 19, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00891-0
Date issued/filed: 2015-03-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/19/2015) regarding 27 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00891-UNJ Document 28 Filed 03/13/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-891V
Filed: February 19, 2015
Not for Publication
*************************************
MERYL THIBODEAUX, *
*
Petitioner, * Damages decision based on
* stipulation; influenza (flu) vaccine;
v. * arm pain; vomiting; nausea; tinnitus;
* vertigo; dizziness; loss of
SECRETARY OF HEALTH * equilibrium; bruising; falling;
AND HUMAN SERVICES, * hearing loss; fees and costs
* decision based on stipulation
Respondent. *
*
*
*************************************
Michael L. Cave, Baton Rouge, LA, for petitioner.
Debra A. Filteau Begley, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1
On February 19, 2015, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that she developed arm
pain, vomiting, nausea, tinnitus, vertigo, dizziness, loss of equilibrium, bruising (from falling),
and hearing loss as a result of her receipt of influenza (“flu”) vaccine on November 15, 2010.
Petitioner further alleges that she suffered the residual effects of these injuries for more than six
months.
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-00891-UNJ Document 28 Filed 03/13/15 Page 2 of 7
Respondent denies that the flu vaccine caused petitioner’s arm pain, vomiting, nausea,
tinnitus, vertigo, dizziness, loss of equilibrium, bruising (from falling), and hearing loss, or any
other condition, and further denies that petitioner suffered the residual effects of these injuries,
except for hearing loss, for more than six months. Nonetheless, the parties agreed to resolve this
matter informally.
The court finds the terms of the stipulation to be reasonable, hereby adopts the parties’
stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant
to the attached stipulation, the court awards $20,000.00 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 $7,500.00 in attorneys’ fees and
costs. Respondent does not object to this amount. The undersigned finds this amount to be
reasonable.
Accordingly, the court awards:
a. a lump sum of $20,000.00, 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 $20,000.00; and
b. a lump sum of $7,500.00, representing reimbursement for attorneys’ fees and costs.
The award shall be in the form of a check made payable jointly to petitioner and Cave
Law Firm, L.L.C. in the amount of $7,500.00.
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: February 19, 2015 /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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