VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00973
Package ID: USCOURTS-cofc-1_13-vv-00973
Petitioner: Tracy Kaps
Filed: 2015-04-17
Decided: 2015-10-19
Vaccine: influenza
Vaccination date: 2011-10-01
Condition: left arm injury
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Petitioner Tracy Kaps filed a petition on April 17, 2015, alleging that she suffered an injury to her left arm caused by an influenza vaccine she received on October 1, 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 vaccine caused the petitioner's left arm injury, any other injury, or her current condition, and denied that she experienced residual effects for more than six months. Despite the respondent's denial, the parties reached a stipulation to resolve the matter. Special Master Laura D. Millman adopted the stipulation, awarding Tracy Kaps $90,000.00 in damages, representing reimbursement for all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid as a check to the petitioner. Subsequently, on September 28, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Petitioner asserted that she incurred no costs. After informal discussions where the respondent raised objections to certain items in the petitioner's initial application, the petitioner amended her application to $25,000.00, which the respondent did not object to. Special Master Millman found this amount reasonable and awarded $25,000.00 for attorneys' fees and costs, to be paid as a check jointly to the petitioner and Maglio, Christopher & Toale, PA. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or the mechanism of injury. Petitioner was represented by F. John Caldwell, and respondent was represented by Justine E. Walters.

Theory of causation field:
Petitioner Tracy Kaps alleged that an influenza vaccine administered on October 1, 2011, caused an injury to her left arm with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case resulted in a compensated outcome. Special Master Laura D. Millman awarded $90,000.00 in damages and $25,000.00 for attorneys' fees and costs, based on stipulations from both parties. Petitioner was represented by F. John Caldwell, and respondent by Justine E. Walters.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00973-0
Date issued/filed: 2015-05-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/17/2015) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00973-UNJ Document 36 Filed 05/13/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-973V
Filed: April 17, 2015
Not for Publication
*************************************
TRACY KAPS, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; arm injury
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
F. John Caldwell, Sarasota, FL, for petitioner.
Justine E. Walters, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On April 17, 2015, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that she suffered an injury to her
left arm that was caused by her October 1, 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 left arm injury, any other injury, or her
current condition, or that petitioner experienced the residual effects of this injury for more than six
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-00973-UNJ Document 36 Filed 05/13/15 Page 2 of 7
months. Nonetheless, the parties agreed to 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
$90,000.00, 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 $90,000.00.
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: April 17, 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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Case 1:13-vv-00973-UNJ Document 36 Filed 05/13/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00973-1
Date issued/filed: 2015-10-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/28/2015) regarding 39 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:13-vv-00973-UNJ Document 42 Filed 10/19/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-973V
Filed: September 28, 2015
Not for Publication
*************************************
TRACY KAPS, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Franklin J. Caldwell, Jr., Sarasota, FL, for petitioner.
Justine E. Walters, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On September 28, 2015, 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 a draft application for attorneys’
fees and costs to respondent. During informal discussions, respondent raised objections to
certain items in petitioner’s application. Based on these objections, petitioner amends her
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-00973-UNJ Document 42 Filed 10/19/15 Page 2 of 2
application for attorneys’ fees and costs to $25,000.00. Respondent does not object to this
amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards
$25,000.00, 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, PA in the amount
of $25,000.00.
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 28, 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