VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00049 Package ID: USCOURTS-cofc-1_14-vv-00049 Petitioner: Latonya Brooks Filed: 2015-04-27 Decided: 2015-05-19 Vaccine: influenza Vaccination date: Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 78220 AI-assisted case summary: On April 27, 2015, Latonya Brooks filed a petition alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on September 6 or 9, 2012. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Brooks's GBS or any other injury. The parties subsequently reached a stipulation to resolve the matter. Special Master Laura D. Millman adopted the stipulation, awarding Ms. Brooks compensation. The award included a lump sum of $45,000.00 for all damages other than past medical expenses. Additionally, $33,220.49 was awarded to reimburse a State of Illinois Medicaid lien, payable jointly to Latonya Brooks and the Illinois Department of Healthcare and Family Services. Later, on May 21, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Special Master Millman reviewed this stipulation and awarded $23,787.99 for attorneys' fees and costs, payable jointly to Latonya Brooks and her attorneys, Maglio, Christopher & Toale, P.A. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Latonya Brooks alleged that she suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine received on September 6 or 9, 2012. 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 by which the vaccine allegedly caused GBS. The case was resolved via stipulation, resulting in an award of $45,000.00 for damages other than past medical expenses and $33,220.49 for a Medicaid lien reimbursement. Attorneys' fees and costs of $23,787.99 were also awarded. Special Master Laura D. Millman issued the decisions on May 19, 2015, and June 11, 2015. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00049-0 Date issued/filed: 2015-05-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/27/2015) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00049-UNJ Document 32 Filed 05/19/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-49V Filed: April 27, 2015 Not for Publication ************************************* LATONYA BROOKS, * * Petitioner, * Damages decision based on stipulation; * influenza vaccine; Guillain-Barré Syndrome v. * (GBS) * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Anne C. Toale, Sarasota, FL, for petitioner. Traci R. Patton, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On April 27, 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 Guillain-Barré Syndrome (“GBS”) that was caused by her September 6 or 9, 2012 receipt of influenza vaccine. Respondent denies that the flu vaccine caused petitioner to suffer GBS or any other injury or condition. Nonetheless, the parties agreed to resolve this matter informally. 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 1:14-vv-00049-UNJ Document 32 Filed 05/19/15 Page 2 of 7 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. a lump sum of $45,000.00, representing compensation for all damages, other than past medical expenses, that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $45,000.00 made payable to petitioner; and b. a lump sum of $33,220.49, representing reimbursement of a State of Illinois Medicaid lien. The award shall be in the form of a check for $33,220.49 made payable jointly to petitioner, Latonya Brooks, and Illinois Department of Healthcare and Family Services Bureau of Collections Technical Recovery Section 401 S. Clinton St., 5th Floor Chicago, IL 60607-3800 Re: Latonya Lahe-Radford Case No: 93-203-0000G34472 Petitioner agrees to endorse this payment to the Illinois Department of Healthcare and Family Services. 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 27, 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 Case 1:14-vv-00049-UNJ Document 32 Filed 05/19/15 Page 3 of 7 Case 1:14-vv-00049-UNJ Document 32 Filed 05/19/15 Page 4 of 7 Case 1:14-vv-00049-UNJ Document 32 Filed 05/19/15 Page 5 of 7 Case 1:14-vv-00049-UNJ Document 32 Filed 05/19/15 Page 6 of 7 Case 1:14-vv-00049-UNJ Document 32 Filed 05/19/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00049-1 Date issued/filed: 2015-06-11 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/21/2015) regarding 36 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00049-UNJ Document 39 Filed 06/11/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-49V Filed: May 21, 2015 Not for Publication ************************************* LATONYA BROOKS, * * 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. Traci R. Patton, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On May 21, 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 application for 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 1:14-vv-00049-UNJ Document 39 Filed 06/11/15 Page 2 of 2 attorneys’ fees and costs to $23,787.99. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $23,787.99, 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 $23,787.99. 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: May 21, 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