VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00001
Package ID: USCOURTS-cofc-1_14-vv-00001
Petitioner: Laura Bush
Filed: 2014-01-02
Decided: 2015-01-14
Vaccine: influenza
Vaccination date: 2011-09-16
Condition: Bell's palsy and Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 36850

AI-assisted case summary:
Laura Bush filed a petition on January 2, 2014, alleging that the influenza vaccine she received on September 16, 2011, caused her to suffer Bell's palsy and Guillain-Barré Syndrome (GBS). Ms. Bush further alleged that she suffered residual effects for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf. Respondent denied that the flu vaccine caused petitioner's Bell's palsy and GBS or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. The parties reached a joint stipulation, which Special Master Christian J. Moran found reasonable and adopted as the Court's decision on November 3, 2014. The stipulation awarded Ms. Bush a lump sum of $20,000.00, payable by check to her, as compensation for all damages. Subsequently, on November 25, 2014, Ms. Bush filed a motion for attorneys' fees and costs. Respondent initially raised objections to certain items in the application. Following discussions, petitioner amended her application to request $16,850.00 for attorneys' fees and costs, an amount to which respondent did not object. On January 14, 2015, Special Master Christian J. Moran awarded this amount, payable by check to Ms. Bush and her attorney, Carol L. Gallagher. This brought the total compensation to $36,850.00. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Laura Bush alleged that the influenza vaccine received on September 16, 2011, caused Bell's palsy and Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. This condition is listed in the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation, and Special Master Christian J. Moran adopted it as the Court's decision on November 3, 2014, awarding $20,000.00 for all damages. Petitioner subsequently sought attorneys' fees and costs. After initial objections, petitioner amended her request to $16,850.00, which respondent did not oppose. Special Master Moran awarded this amount on January 14, 2015, bringing the total award to $36,850.00. The public decision does not detail specific medical experts, the mechanism of injury, or the specific evidence considered beyond the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00001-0
Date issued/filed: 2014-12-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/05/2014) regarding 25 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00001-UNJ Document 30 Filed 12/02/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LAURA BUSH, * No. 14-001V
*
Petitioner, * Special Master Moran
*
v. * Filed: November 5, 2014
*
SECRETARY OF HEALTH * Stipulation; Influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Bell’s palsy; Guillain-Barré syndrome
* (“GBS”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esq., LLC, Linwood, NJ for Petitioner;
Glenn Macleod, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On November 3, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Laura Bush on January 2, 2014. In her petition,
Ms. Bush alleged that the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received
on September 16, 2011, caused her to suffer Bell’s palsy and Guillain-Barré
Syndrome (“GBS”). Petitioner further alleges that she suffered the residual effects
of this injury for more than six months. Petitioner represents that there has been no
prior award or settlement of a civil action for damages on her behalf as a result of
her condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00001-UNJ Document 30 Filed 12/02/14 Page 2 of 7
Respondent denies that the flu vaccine caused petitioner’s Bell’s palsy and
GBS or any other injury and further denies that her current disabilities are a
sequela of a vaccine-related injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $20,000.00 in the form of a check payable to petitioner,
Laura Bush. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 14-001V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00001-1
Date issued/filed: 2015-01-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/18/2014) regarding 32 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00001-UNJ Document 36 Filed 01/14/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LAURA BUSH, * No. 14-001V
*
Petitioner, * Special Master Moran
*
v. * Filed: December 18, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esq., LLC, Linwood, NJ for Petitioner;
Glenn Macleod, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On December 12, 2014, respondent filed a stipulation of fact concerning
final attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
filed a motion for attorneys’ fees and costs on November 25, 2014. Upon review
of petitioner’s motion, respondent raised objections to certain items. Based on
subsequent discussions, petitioner amended her application to request $16,850.00,
an amount to which respondent does not object. The Court awards this amount.
On January 2, 2014, Laura Bush filed a petition for compensation alleging
that the influenza vaccine, which she received on September 16, 2011, caused her
to suffer Guillain-Barré syndrome (“GBS”). Petitioner received compensation
based upon the parties’ stipulation. Decision, filed Nov. 5, 2014. Because
petitioner received compensation, she is entitled to an award of attorneys’ fees and
costs. 42 U.S.C. § 300aa-15(e).
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00001-UNJ Document 36 Filed 01/14/15 Page 2 of 2
Petitioner seeks a total of $16,850.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $16,850.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Carol L. Gallagher, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2