VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00915
Package ID: USCOURTS-cofc-1_13-vv-00915
Petitioner: Dorothy Dickinson
Filed: 2014-08-25
Decided: 2014-09-23
Vaccine: influenza
Vaccination date: 2011-11-18
Condition: brachial plexopathy
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
On August 25, 2014, Dorothy Dickinson filed a petition alleging that she suffered brachial plexopathy as a result of receiving an influenza vaccine on November 18, 2011. She further alleged that she experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused the petitioner's alleged condition or any other injury. The parties, represented by counsel Anne C. Toale for the petitioner and Jennifer L. Reynaud for the respondent, reached a stipulation to resolve the case. Special Master Laura D. Millman presided over the proceedings. On September 23, 2014, a decision was issued awarding compensation based on this stipulation. The court awarded Dorothy Dickinson a lump sum of $45,000.00 for damages. Separately, on September 15, 2014, a decision was issued awarding $10,419.54 for attorneys' fees and costs, payable jointly to the petitioner and Maglio, Christopher & Toale, P.A. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert testimony.

Theory of causation field:
Petitioner Dorothy Dickinson alleged that an influenza vaccine administered on November 18, 2011, caused her to suffer brachial plexopathy with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $45,000.00 in damages and $10,419.54 for attorneys' fees and costs. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00915-0
Date issued/filed: 2014-09-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/25/2014) regarding 18 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00915-UNJ Document 19 Filed 09/15/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-915V
Filed: August 25, 2014
Not for Publication
*************************************
DOROTHY DICKINSON, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioner.
Jennifer L. Reynaud, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On August 25, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and
costs to respondent. During informal discussions, respondent raised objections to certain items in
petitioner’s application. Respondent does not contest reimbursement for attorneys’ fees and costs
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-00915-UNJ Document 19 Filed 09/15/14 Page 2 of 2
in the amount of $10,419.54. Respondent does not object to this amount. The undersigned finds
this amount to be reasonable. Accordingly, the court awards $10,419.54, representing
reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable
jointly to petitioner and Maglio, Christopher & Toale, P.A., in the amount of $10,419.54.
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: August 25, 2014 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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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00915-1
Date issued/filed: 2014-10-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/23/2014) regarding 21 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00915-UNJ Document 26 Filed 10/16/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-915V
Filed: September 23, 2014
Not for Publication
*************************************
DOROTHY DICKINSON, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; brachial plexopathy
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Anne C. Toale, Sarasota, FL, for petitioner.
Jennifer L. Reynaud, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 22, 2014, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that she suffered brachial
plexopathy that was caused by her November 18, 2011, receipt of influenza (“flu”) vaccine.
Petitioner further alleges that she suffered the residual effects of this injury for more than six
months. Respondent denies that the flu vaccine caused petitioner’s alleged brachial plexopathy
and residual effects, any other injury, or her current condition. Nonetheless, the parties agreed to
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 delete 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
delete such material from public access.

Case 1:13-vv-00915-UNJ Document 26 Filed 10/16/14 Page 2 of 7
resolve this matter informally.
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$45,000.00, representing reimbursement for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check payable to petitioner in the
amount of $45,000.00.
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: September 23, 2014 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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