VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-01017
Package ID: USCOURTS-cofc-1_13-vv-01017
Petitioner: Dana M. Brasher
Filed: 2013-12-26
Decided: 2016-06-30
Vaccine: influenza
Vaccination date: 2012-11-28
Condition: cellulitis
Outcome: compensated
Award amount USD: 274315

AI-assisted case summary:
Dana M. Brasher filed a petition on December 26, 2013, alleging that she suffered injuries as a result of receiving an influenza vaccine on November 28, 2012. Initially, she claimed the vaccine caused a significant lesion, complications with her left shoulder and arm, immune system dysregulation, and polyglandular autoimmune syndrome (PGA). However, over the course of the litigation, she withdrew the claim for PGA and instead alleged she suffered from pyoderma gangrenosum and residual effects of her injuries for more than six months. The parties filed a joint stipulation on June 7, 2016, agreeing to an award of compensation. Respondent conceded that the flu vaccine caused petitioner to suffer cellulitis in her left arm but contested that she experienced residual effects for more than six months and denied causation for pyoderma gangrenosum. Despite these contested points, the parties stipulated to an award. The court adopted the stipulation, awarding Dana M. Brasher $165,000.00 for all damages and an additional $109,315.00 for attorneys' fees and costs, for a total award of $274,315.00. The decision was entered on June 30, 2016.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-01017-0
Date issued/filed: 2016-06-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/08/2016) regarding 81 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-01017-UNJ Document 85 Filed 06/30/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-1017V
Filed: June 8, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
DANA M. BRASHER, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages and
v. * Attorneys’ Fees and Costs;
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Cellulitis; Pyoderma Gangrenosum;
AND HUMAN SERVICES, * Polyglandular Autoimmune
* Syndrome.
Respondent. *
*
* * * * * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Traci R. Patton, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On December 26, 2013, Dana M. Brasher (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner
alleged that as a result of receiving an influenza (“flu”) vaccine on November 28, 2012, she
suffered a significant lesion, complications with her left shoulder and arm, immune system
dysregulation, and polyglandular autoimmune syndrome (“PGA”). Petition at 1, filed Dec. 26,
2013. Over the course of the litigation, petitioner no longer alleged that the flu vaccine caused her
to suffer PGA, and instead alleged that she suffered from pyoderma gangrenosum as a result of
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, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). 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 (2012) (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-01017-UNJ Document 85 Filed 06/30/16 Page 2 of 7
the vaccination. Petitioner further alleged that she experienced residual effects of her injuries for
more than six months.
On June 7, 2016, the parties filed a stipulation in which they state that a decision should be
entered awarding compensation. Respondent concedes that the flu vaccine caused petitioner to
suffer cellulitis in her left arm, but contests that she suffered the residual effects of her injury for
more than six months. Stipulation for Award at ¶ 6, filed June 7, 2016. Further, respondent denies
that the flu vaccine caused petitioner to suffer any other injury or condition, including but not
limited to pyoderma gangrenosum. Id. 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 also stipulate to an award of attorneys’ fees and costs. The parties agree to a
total award of attorneys’ fees and costs in the amount of $109,315.00. In accordance with General
Order #9, petitioner represents that she did not personally incur costs related to this proceeding.
Id. at ¶ 8(b). The undersigned finds the stipulation for fees and costs reasonable and adopts it as
the decision of the Court.
The parties stipulate that petitioner shall receive the following compensation:
1) A lump sum of $165,000.00, in the form of a check payable to petitioner, Dana M.
Brasher. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a); and
2) A lump sum of $109,315.00, in the form of a check jointly payable to petitioner
and to petitioner’s attorney, Andrew D. Downing, of Van Cott & Talamante,
PLLC, pursuant to 42 U.S.C. § 300 aa-15(e), for attorneys’ fees and costs.
Id. at ¶ 8.
The undersigned approves the requested amounts for petitioner’s compensation.
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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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