VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00082
Package ID: USCOURTS-cofc-1_14-vv-00082
Petitioner: Lauris Carlson
Filed: 2015-10-07
Decided: 2015-11-02
Vaccine: influenza
Vaccination date: 2012-09-18
Condition: shortness of breath, pharyngeal swelling, erythema, angioedema, reactive airway disease, and psychiatric injury
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Lauris Carlson filed a petition on October 7, 2015, alleging that an influenza vaccine administered on September 18, 2012, caused her to suffer from shortness of breath, pharyngeal swelling, erythema, angioedema, reactive airway disease, and psychiatric injury. She further alleged that these vaccine-related injuries resulted in residual effects lasting more than six months. Respondent denied that the flu vaccine caused her injuries or their sequelae. Despite the denial, the parties filed a joint stipulation on October 6, 2015, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as the decision of the Court. Lauris Carlson was awarded a lump sum of $20,000.00 as compensation for all items of damages available under the National Vaccine Injury Compensation Program. A separate decision on November 3, 2015, awarded $26,000.00 in attorneys' fees and costs, jointly payable to the petitioner and her counsel, as respondent did not object to the reasonableness of the request.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00082-0
Date issued/filed: 2015-11-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/07/2015) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00082-UNJ Document 48 Filed 11/02/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-82V
Filed: October 7, 2015
* * * * * * * * * * * * * * * UNPUBLISHED
LAURIS CARLSON, *
* Chief Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza (Flu) Vaccine; Shortness of
AND HUMAN SERVICES, * Breath; Pharyngeal Swelling; Erythema;
* Angioedema; Reactive Airway Disease;
Respondent. * Psychiatric Injury
*
* * * * * * * * * * * * * * *
Anne C. Toale, Maglio, Christopher & Toale, Sarasota, FL, for petitioner.
Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On January 29, 2014, Lauris Carlson (“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 administered to her on September 18, 2012,
caused her to suffer from shortness of breath, pharyngeal swelling, erythema, angioedema,
reactive airway disease, and psychiatric injury. Petition at 1-2. Petitioner further alleged that she
suffered the residual effects or complications of her vaccine injury for more than six months. Id.
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 1:14-vv-00082-UNJ Document 48 Filed 11/02/15 Page 2 of 7
at 2. On October 6, 2015, the parties filed a stipulation, stating that a decision should be entered
awarding compensation.
Respondent denies that the flu immunization is the cause of petitioner’s injuries, and
denies or that she experienced her injuries for the sequelae of a vaccine-related injury.
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 $20,000.00, in the form of a check payable to petitioner, Lauris
Carlson. This amount represent compensation for all items of damages that would be
available under 42 U.S.C. § 300-aa-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
Chief 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

Case 1:14-vv-00082-UNJ Document 48 Filed 11/02/15 Page 3 of 7

Case 1:14-vv-00082-UNJ Document 48 Filed 11/02/15 Page 4 of 7

Case 1:14-vv-00082-UNJ Document 48 Filed 11/02/15 Page 5 of 7

Case 1:14-vv-00082-UNJ Document 48 Filed 11/02/15 Page 6 of 7

Case 1:14-vv-00082-UNJ Document 48 Filed 11/02/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00082-1
Date issued/filed: 2015-11-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/13/2015) regarding 42 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00082-UNJ Document 49 Filed 11/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-82V
Filed: October 13, 2015
* * * * * * * * * * * * * * * UNPUBLISHED
LAURIS CARLSON, *
* Chief Special Master Dorsey
Petitioner, *
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to
AND HUMAN SERVICES, * which Respondent does Not Object.
*
Respondent. *
* * * * * * * * * * * * * * *
Anne C. Toale, Maglio, Christopher & Toale, Sarasota, FL, for petitioner.
Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On January 29, 2014, Lauris Carlson (“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 administered to her on September 18, 2012,
caused her to suffer from shortness of breath, pharyngeal swelling, erythema, angioedema,
reactive airway disease, and psychiatric injury. On October 7, 2015, a decision awarding
compensation to petitioner based on the parties’ stipulation was entered.
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 1:14-vv-00082-UNJ Document 49 Filed 11/03/15 Page 2 of 2
On October 9, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. According to the stipulation, respondent does not object to a total award of attorneys’
fees and costs in the amount of $26,000.00. In accordance with General Order #9, petitioner
filed a statement stating that she incurred no out-of-pocket expenses in pursuing her petition.
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 respondent’s counsel’s
lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s
motion 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 Anne C. Toale in the amount
of $26,000.00.
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
Chief 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