VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00144 Package ID: USCOURTS-cofc-1_14-vv-00144 Petitioner: Fay Kennedy Filed: 2014-09-12 Decided: 2014-09-15 Vaccine: influenza Vaccination date: 2012-10-15 Condition: Guillain-Barré Syndrome (GBS) or transverse myelitis (TM) Outcome: compensated Award amount USD: 160000 AI-assisted case summary: Fay Kennedy filed a petition for compensation on September 12, 2014, alleging that she suffered from Guillain-Barré Syndrome (GBS) or transverse myelitis (TM) as a result of receiving an influenza vaccine on October 15, 2012. She further alleged that she experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused her GBS and/or TM, or any other injury. Despite the denial, the parties reached a stipulation to resolve the case informally. The court found the terms of the stipulation to be reasonable and adopted them. Fay Kennedy was awarded $160,000.00 for all damages available under the law. Additionally, the parties agreed on attorneys' fees and costs, and the court awarded $12,898.09 for these expenses, made payable jointly to the petitioner and her attorneys. The decision was issued on September 15, 2014. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00144-0 Date issued/filed: 2014-10-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/15/2014) regarding 22 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00144-UNJ Document 26 Filed 10/08/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-144V Filed: September 15, 2014 Not for Publication ************************************* FAY KENNEDY, * * Petitioner, * * Damages decision based on v. * stipulation; influenza (flu) vaccine; * Guillain-Barré Syndrome (GBS); SECRETARY OF HEALTH * transverse myelitis (TM); fees and AND HUMAN SERVICES, * costs decision based on stipulation * Respondent. * * ************************************* Danielle A. Strait, Washington, DC, for petitioner. Alexis B. Babcock, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1 On September 12, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered from Guillain-Barré Syndrome (“GBS”) or transverse myelitis (“TM”) as a result of her receipt of influenza (“flu”) vaccine on October 15, 2012. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s flu vaccination caused her GBS and/or TM, any other injury, or her current condition. Nonetheless, the parties agreed to resolve this matter informally. The court finds the terms of the stipulation to be reasonable, hereby adopts the parties’ 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-00144-UNJ Document 26 Filed 10/08/14 Page 2 of 7 stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant to the attached stipulation, the court awards $160,000.00 for reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The parties have also agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with General Order #9, petitioner asserts that she did not incur out-of- pocket expenses in pursuit of her petition. Petitioner requests $12,898.09 in attorneys’ fees and costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. In sum, the court awards: a. a lump sum of $160,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check made payable to petitioner in the amount of $160,000.00; and b. a lump sum of $12,898.09, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Maglio, Christopher & Toale in the amount of $12,898.09. 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: September 15, 2014 /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-00144-UNJ Document 26 Filed 10/08/14 Page 3 of 7 Case 1:14-vv-00144-UNJ Document 26 Filed 10/08/14 Page 4 of 7 Case 1:14-vv-00144-UNJ Document 26 Filed 10/08/14 Page 5 of 7 Case 1:14-vv-00144-UNJ Document 26 Filed 10/08/14 Page 6 of 7 Case 1:14-vv-00144-UNJ Document 26 Filed 10/08/14 Page 7 of 7