VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00899 Package ID: USCOURTS-cofc-1_13-vv-00899 Petitioner: Melva Mooneyham Filed: 2013-11-12 Decided: 2014-08-22 Vaccine: influenza Vaccination date: 2012-10-03 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Melva Mooneyham filed a petition for compensation under the National Vaccine Injury Compensation Program on November 12, 2013. She alleged that a flu vaccination received on October 3, 2012, caused her to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent denied that the flu vaccine caused GBS or any other injury or disability. The parties subsequently agreed to a joint stipulation filed on July 31, 2014, to settle the case. Special Master Thomas L. Gowen reviewed the stipulation and adopted it as the decision of the Court. Under the terms of the stipulation, the respondent agreed to pay petitioner Melva Mooneyham a lump sum of $25,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $9,543.00 was awarded for attorneys' fees and costs, payable jointly to petitioner and her attorney, Diana Stadelnikas Sedar, Esq. No out-of-pocket expenses were incurred by the petitioner. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Melva Mooneyham alleged that a flu vaccination on October 3, 2012, caused Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on July 31, 2014, to settle the case. Special Master Thomas L. Gowen adopted the stipulation. Petitioner was awarded $25,000.00 for all damages under 42 U.S.C. § 300aa-15(a) and $9,543.00 for attorneys' fees and costs, payable jointly to petitioner and attorney Diana Stadelnikas Sedar. The public decision does not detail the specific mechanism of causation, expert testimony, or other medical evidence. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00899-0 Date issued/filed: 2014-08-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/1/2014) regarding 15 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00899-UNJ Document 18 Filed 08/22/14 Page 1 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 13-899V Filed: August 1, 2014 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MELVA MOONEYHAM, * Petitioner, * Stipulation; Flu; GBS; v. * Damages; Attorneys’ Fees & * Costs SECRETARY OF HEALTH * AND HUMAN SERVICES, * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Diana Stadelnikas Sedar, Esq., Maglio, Christopher & Toale Law Firm, Sarasota, FL for petitioner. Althea Walker Davis , Esq., U.S. Dept. of Justice, Washington, DC for respondent. DECISION ON JOINT STIPULATION1 Gowen, Special Master: Melva Mooneyham [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on November 12, 2013. Petitioner alleges that she suffered from Guillain-Barre Syndrome [“GBS”] that was caused in fact by a flu vaccination she received on October 3, 2012. See Stipulation, filed July 31, 2014, at ¶¶ 2, 4. Further, petitioner alleges that she experienced residual effects of her injuries for more than six months. Stipulation at ¶ 4. Respondent denies that the petitioner’s flu vaccine caused GBS, or any other injury or her current disabilities. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On July 31, 2014, the parties filed a joint stipulation agreeing to settle this case and describing the settlement 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Case 1:13-vv-00899-UNJ Document 18 Filed 08/22/14 Page 2 of 7 terms. Respondent agrees to pay petitioner: a. A lump sum of $25,000.00 in the form of a check payable to petitioner, Melva Mooneyham. This amount represents compensation for all damages that would be available under § 300aa-15(a); and b. A lump sum of $9,543.00 in the form of a check payable jointly to petitioner and petitioner’s attorney, Diana Stadelnikas Sedar, Esq., for attorneys’ fees and costs available under § 300aa-15(e); and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition. The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 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