VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-01020
Package ID: USCOURTS-cofc-1_13-vv-01020
Petitioner: Evelyne Eiche
Filed: 2013-12-26
Decided: 2015-08-28
Vaccine: influenza
Vaccination date: 2012-09-18
Condition: exacerbated an underlying peripheral neuropathy
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Evelyne Eiche filed a petition on December 26, 2013, alleging that an influenza vaccine administered on September 18, 2012, exacerbated an underlying peripheral neuropathy. Ms. Eiche claimed to have experienced residual effects from this condition for more than six months following the vaccination. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated any injury. Despite the respondent's denial, the parties reached a joint stipulation for damages. Special Master Nora Beth Dorsey reviewed and adopted this stipulation, awarding Ms. Eiche a lump sum of $85,000.00 as compensation for all available damages. This award was to be paid via check to the petitioner. Subsequently, on August 7, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Dorsey approved this second stipulation, agreeing to a total award of $12,683.53 for attorneys' fees and costs. This amount was to be paid via check jointly to Ms. Eiche and her attorney, Franklin John Caldwell, Jr., of Maglio, Christopher & Toale, PA. The case was resolved through these stipulated settlements, and judgment was entered accordingly. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The specific mechanism by which the vaccine allegedly exacerbated the peripheral neuropathy is also not detailed in the public decision.

Theory of causation field:
Petitioner Evelyne Eiche alleged that an influenza vaccine received on September 18, 2012, exacerbated an underlying peripheral neuropathy, with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted on February 10, 2015, awarding $85,000.00 in a lump sum for all damages. Petitioner was represented by Franklin John Caldwell, Jr. of Maglio, Christopher & Toale, PA, and respondent was represented by Gordon Elliot Shemin of the United States Department of Justice. A subsequent stipulation on August 7, 2015, approved by Special Master Dorsey, awarded $12,683.53 for attorneys' fees and costs, payable jointly to petitioner and her counsel. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-01020-0
Date issued/filed: 2015-03-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/10/2015) regarding 27 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-01020-UNJ Document 32 Filed 03/03/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-1020V
Filed: February 10, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
EVELYNE EICHE, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza (Flu) vaccine; Significant
AND HUMAN SERVICES, * Aggravation; Neurological Injury.
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, PA, Sarasota, FL, for petitioner.
Gordon Elliot Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On December 26, 2013, Evelyn Eiche (“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 an influenza (“flu”) vaccine she received on September 18, 2012,
exacerbated an underlying peripheral neuropathy. See Petition at 2. Petitioner further alleged
that she experienced the residual effects of these injuries for more than six months. Id. at 3.
On February 10, 2015, the parties filed a stipulation, stating that a decision should be
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-01020-UNJ Document 32 Filed 03/03/15 Page 2 of 7
entered awarding compensation.
Respondent denies that the flu vaccine either caused or aggravated any injury to
petitioner. 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $85,000.00, in the form of a check payable to petitioner. This amount
represent 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/ Nora Beth Dorsey
Nora Beth Dorsey
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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DOCUMENT 2: USCOURTS-cofc-1_13-vv-01020-1
Date issued/filed: 2015-08-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/07/2015) regarding 34 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:13-vv-01020-UNJ Document 37 Filed 08/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: August 7, 2015
* * * * * * * * * * * * * * UNPUBLISHED
EVELYN EICHE, * No. 13-1020v
*
Petitioner, * Special Master Dorsey
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, PA, Sarasota, FL, for petitioner.
Gordon Elliot Shemin, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On December 26, 2013, Evelyn Eiche (“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 an influenza (“flu”) vaccine she received on September 18, 2012,
exacerbated an underlying peripheral neuropathy. See Petition at 2. On February 10, 2015, the
undersigned entered a decision awarding compensation to petitioner based on a stipulation filed
by the parties.
On August 7, 2015, the parties filed a Stipulation of Facts Concerning Attorney’s Fees
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire decision will be available to the
public. Id.
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-01020-UNJ Document 37 Filed 08/28/15 Page 2 of 2
and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $12,683.53. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not advance any reimbursable costs in pursuit of this
claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, Franklin
John Caldwell, of the law firm of Maglio, Christopher & Toale, P.A., in the amount of
$12,683.53.
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/Nora Beth Dorsey
Nora Beth Dorsey
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