VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00892
Package ID: USCOURTS-cofc-1_13-vv-00892
Petitioner: Melanie A. Frampton
Filed: 2013-11-12
Decided: 2015-04-07
Vaccine: influenza
Vaccination date: 2010-11-12
Condition: paresthesias, a myelopathy, and/or myelitis
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Melanie A. Frampton filed a petition for compensation on November 12, 2013, alleging that a trivalent influenza vaccine she received on or about November 12, 2010, caused her to develop paresthesias, a myelopathy, and/or myelitis, with residual effects lasting more than six months. The respondent denied that the vaccine caused the alleged injuries. The parties subsequently filed a joint stipulation on January 8, 2015, 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 $70,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were addressed in a separate stipulation filed on March 13, 2015. Respondent did not object to the requested amount for fees and costs. Special Master Moran awarded a total of $17,101.14 for attorneys' fees and costs, payable to petitioner and her attorney, Jeffrey Golvash. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Petitioner was represented by Jeffrey Golvash of Brennan, Robins & Daley, P.C., and respondent was represented by Ryan Pyles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Melanie A. Frampton alleged that a trivalent influenza vaccine administered on or about November 12, 2010, caused paresthesias, myelopathy, and/or myelitis, with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on January 8, 2015, resolving the claim. Special Master Christian J. Moran adopted the stipulation, awarding $70,000.00 in compensation for all damages under 42 U.S.C. § 300aa-15(a). A separate stipulation on March 13, 2015, addressed attorneys' fees and costs, with Special Master Moran awarding $17,101.14 to petitioner and her counsel, Jeffrey Golvash, as respondent did not object. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged injury or its link to the vaccine.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00892-0
Date issued/filed: 2015-02-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/09/2015) regarding 27 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00892-UNJ Document 31 Filed 02/03/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
MELANIE A. FRAMPTON, * No. 13-892V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: January 9, 2015
*
SECRETARY OF HEALTH * Stipulation; Trivalent influenza
AND HUMAN SERVICES, * (“flu”) vaccine; paresthesias,
* myelopathy, and/or myelitis.
Respondent. *
* * * * * * * * * * * * * * * * * * * *
Jeffrey Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for Petitioner;
Ryan Pyles, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On January 8, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Melanie Frampton on November 12, 2013. In
her petition, Ms. Frampton alleged that the trivalent influenza (“flu”) vaccine,
which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a),
and which she received on or about November 12, 2010, caused her to develop
paresthesias, a myelopathy, and/or myelitis. Petitioner further alleges that she
experienced 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 as a result of her condition.
Respondent denies that the flu vaccine is the cause of petitioner’s alleged
paresthesias, myelopathy, myelitis, and/or any other 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 party has 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-00892-UNJ Document 31 Filed 02/03/15 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 of $70,000.00 in the form of a check payable to petitioner,
Melanie Frampton. 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 13-892V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6521.
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

CCaassee 11::1133--vvvv--0000889922--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0012//0083//1155 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000889922--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0012//0083//1155 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000889922--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0012//0083//1155 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000889922--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0012//0083//1155 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000889922--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0012//0083//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00892-1
Date issued/filed: 2015-04-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/17/2015) regarding 33 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00892-UNJ Document 34 Filed 04/07/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
MELANIE A. FRAMPTON, *
* No. 13-892V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: March 17, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for petitioner;
Ryan Pyles, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On March 13, 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 does not object to
the amount requested. The Court awards the amount to which respondent does not
object.
On November 12, 2013, Melanie Frampton filed a petition for compensation
alleging that the trivalent influenza (“flu”) vaccine, which she received on or about
November 12, 2010, caused her to develop paresthesias, a myelopathy, and/or
myelitis. Petitioner received compensation based upon the parties’
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 ruling 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-00892-UNJ Document 34 Filed 04/07/15 Page 2 of 2
stipulation. Decision, filed February 3, 2015. Because petitioner received
compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
Petitioner seeks a total of $16,182.51 in attorney and paralegal fees and
$918.63 in costs. In compliance with General Order No. 9, petitioner has 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 $17,101.14 in the form of a check made payable to
petitioner and petitioner’s attorney, Jeffrey Golvash for
attorney’s 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, Christina Gervasi, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2