VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00911
Package ID: USCOURTS-cofc-1_13-vv-00911
Petitioner: Mary-Lou A. Green
Filed: 2013-11-18
Decided: 2015-03-27
Vaccine: influenza
Vaccination date: 2010-11-08
Condition: polyneuropathy
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Mary-Lou A. Green filed a petition on November 18, 2013, alleging that an influenza vaccine administered on November 8, 2010, caused her to develop polyneuropathy. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Green's condition or any subsequent injuries. Despite the denial, the parties reached a joint stipulation on December 29, 2014, to resolve the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the court's decision. Under the terms of the stipulation, Ms. Green was awarded a lump sum of $80,000.00 as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Separately, attorneys' fees and costs totaling $15,000.00 were awarded to Petitioner's counsel, Woodruff Lee Carroll of Carroll & Carroll Lawyers, P.C. The decision does not detail the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The public decision does not describe the specific mechanism by which the flu vaccine allegedly caused the polyneuropathy.

Theory of causation field:
Petitioner Mary-Lou A. Green alleged that an influenza vaccine received on November 8, 2010, caused her to develop polyneuropathy. The respondent denied causation. The parties filed a joint stipulation on December 29, 2014, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman adopted the stipulation, awarding Petitioner $80,000.00 in compensation for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $15,000.00 were awarded separately to Woodruff Lee Carroll of Carroll & Carroll Lawyers, P.C. The public decision does not detail the specific medical experts, clinical findings, or the proposed mechanism of causation, other than the general allegation of vaccine-induced polyneuropathy.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00911-0
Date issued/filed: 2015-01-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/29/2014) regarding 22 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00911-UNJ Document 26 Filed 01/16/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-911V
Filed: December 29, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
MARY-LOU A. GREEN, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Polyneuropathy.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Woodruff Lee Carroll, Carroll & Carroll Lawyers, P.C., Syracuse, NY, for Petitioner.
Heather Pearlman, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On November 18, 2013, Mary-Lou Green (“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 she was administered an influenza (“flu”) vaccine on November 8, 2010,
and that the vaccine caused her to suffer from a polyneuropathy. Petition at 1.
On December 29, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that Petitioner’s polyneuropathy
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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.
1

Case 1:13-vv-00911-UNJ Document 26 Filed 01/16/15 Page 2 of 7
or any other injury was caused-in-fact by her November 8, 2010 flu vaccination, and denies that
her current disabilities are sequelae of this injury. Nevertheless, 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 $80,000.00, in the form of a check payable to Petitioner. This
amount represents 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.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 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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CCaassee 11::1133--vvvv--0000991111--UUNNJJ DDooccuummeenntt 2216 FFiilleedd 1021//2196//1145 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000991111--UUNNJJ DDooccuummeenntt 2216 FFiilleedd 1021//2196//1145 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000991111--UUNNJJ DDooccuummeenntt 2216 FFiilleedd 1021//2196//1145 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00911-1
Date issued/filed: 2015-03-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/04/2015) regarding 29 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:13-vv-00911-UNJ Document 30 Filed 03/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-911V
Filed: March 4, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
MARY-LOU A. GREEN, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested To
* Which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Woodruff Lee Carroll, Carroll & Carroll Lawyers, P.C., Syracuse, NY, for Petitioner.
Heather Pearlman, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On November 18, 2013, Mary-Lou Green (“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 she was administered an influenza (“flu”) vaccine on November 8, 2010,
and that the vaccine caused her to suffer from a polyneuropathy. Petition at 1. On December 29,
2014, the undersigned issued a decision awarding compensation to Petitioner.
On March 4, 2015, the parties filed a stipulation of facts concerning attorneys’ fees and
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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.
1

Case 1:13-vv-00911-UNJ Document 30 Filed 03/27/15 Page 2 of 2
costs. The parties have agreed to an award of $15,000.00 for attorneys’ fees and costs. In
accordance with General Order Number 9, Petitioner represents that she has not personally
incurred any expenses in pursuit of her claim.
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 $15,000.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Woodruff Lee
Carroll, of the law firm of Carroll & Carroll Lawyers, P.C.
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.3
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
3 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