VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00159
Package ID: USCOURTS-cofc-1_14-vv-00159
Petitioner: Kelly Johnson
Filed: 2015-01-27
Decided: 2015-02-19
Vaccine: influenza
Vaccination date: 2013-01-17
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 32500

AI-assisted case summary:
Kelly Johnson filed a petition on February 27, 2014, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on January 17, 2013. She further alleged that she experienced residual effects of these injuries for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated the petitioner's alleged injuries or any other injury, and denied that her current disabilities were the result of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Under the terms of the stipulation, Kelly Johnson was awarded a lump sum of $32,500.00 for all damages. Additionally, the parties stipulated to attorneys' fees and costs in the amount of $17,000.00, which Special Master Dorsey also approved. The judgment was entered in accordance with the terms of the parties' stipulation. Petitioner was represented by Danielle Anne Strait of Maglio Christopher & Toale, PC, and respondent was represented by Darryl R. Wishard of the United States Department of Justice. The decision was issued on February 19, 2015.

Theory of causation field:
Petitioner Kelly Johnson received an influenza vaccine on January 17, 2013, and alleged she suffered from Guillain-Barré syndrome (GBS) as a result, with residual effects lasting more than six months. The respondent denied causation. The case was settled via joint stipulation, with the Special Master adopting the stipulation as the decision of the Court. The public decision does not describe the specific medical mechanism or expert testimony regarding causation. The award included a lump sum of $32,500.00 for all damages and $17,000.00 for attorneys' fees and costs. Special Master Nora Beth Dorsey issued the decision on February 19, 2015. Petitioner's counsel was Danielle Anne Strait, and respondent's counsel was Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00159-0
Date issued/filed: 2015-02-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/27/2015) regarding 32 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00159-UNJ Document 41 Filed 02/19/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-159V
Filed: January 27, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KELLY JOHNSON, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza (Flu) vaccine; Guillain-
AND HUMAN SERVICES, * Barrė Syndrome (GBS).
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Danielle Anne Strait, Maglio Christopher & Toale, PC, Washington, DC, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On February 27, 2014, Kelly Johnson (“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 she suffered from Guillain-Barrė syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine that she received on January 17, 2013. See Petition at 1. Petitioner
further alleged that she experienced the residual effects of these injuries for more than six
months. Id. at 2.
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-00159-UNJ Document 41 Filed 02/19/15 Page 2 of 7
On January 27, 2015, the parties filed a stipulation, stating that a decision should be
entered awarding compensation.
Respondent denies that the flu vaccine either caused or significantly aggravated
petitioner’s alleged injuries or any other injury, and denies that petitioner’s current disabilities
are the result 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 $32,500.00, 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

Case 1:14-vv-00159-UNJ Document 41 Filed 02/19/15 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KELLY JOH SON. )
)
Petitioner. ) o. 14-159V ECF
)
V. ) Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMA SERVICES, )
)
Respondent. )
~~~~~~~~~~~~~~~ )
STIPULATION
The parties hereby stipulate to the following mat1ers:
I. Petitioner. Kelly Johnson, filed a petition for vaccine compensation under the
ational Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-I 0 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza (. . flu .. ) vaccine. which is contained in the Vaccine Injury Table (the "Table"). 42
C.F.R. § I 00.J(a).
2. On January 17. 2013. petitioner received the flu vaccine in her right arm.
3. The flu vaccine was administered within the United tates.
4. Petitioner alleges that. as a result of receiving the flu vaccine. she suffered from
Gui Il ain-Barre syndrome (. . GBS. . ). and that he experienced symptoms of this injury for more
than six months.
5. Petitioner represents that there has been no prior award or cttlement of a civil action
for damages as a result of her alleged injuries.

Case 1:14-vv-00159-UNJ Document 41 Filed 02/19/15 Page 4 of 7
6. Respondent denies that the flu vaccine either caused or significantly aggravated
petitioner's alleged injuries or any other injury. and denies that petitioner's current disabilities
are the result of a vaccine-related injury.
7. Maintaining their above-stated positions. the parties nevertheless now agree that the
issues between them shall be senled and that a decision should be entered awarding the
compensation described in paragraph 8 of thi Stipulation.
8. As soon as practicable alter an entry of judgment reflecting a deci ion con istent
with the terms of this Stipulation. and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I). the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $32.500.00. in the form of a check payable to petitioner. This
amount represents compensation for al I damages that wou Id be available under 42
U ..C . § 300aa-15(a).
9. As soon as practicable after the entry ofjudgment on entitlement in this case. and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 I (a)( I). and an application. the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this tipulation is not for any items or services for \\hich the Program is not primarily liable
under 42 U.S.C. § 300aa-I 5(g). to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs. insurance policies. Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U ..C .
§ 1396 et seq.)). or by entities that provide health services on a pre-paid basis.
2

Case 1:14-vv-00159-UNJ Document 41 Filed 02/19/15 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation. and any amounts
awarded pursuant to paragraph 9 of this Stipulation. will be made in accordance with 42 U ..C .
§ 300aa-I 5(i), subject to the avai la bi I ity of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that. except for any award
for attorneys· fees and litigation costs. the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner. as contemplated by a strict construction of 42 U.S.C.
§ 300aa-I 5(a) and (d). and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9. petitioner. in her
individual capacity and on behalfof her heirs. executors. administrators. successors or assigns.
does forever irrevocably and unconditionally release. acquit and discharge the United States and
the Secretary of Health and Human Services from any and al I actions. causes of action (including
agreements. judgments. claims. damages. loss of services. expenses and all demands of whatever
kind or nature) that have been brought. could have been brought. or could be timely brought in
the Court of Federal Claims, under the ational Vaccine Injury Compensation Program. 42
U.S.C. § 300aa-I 0 et seq .. on account of. or in any way growing out of. any and all known or
unknown. suspected or unsuspected personal injuries to or death of petitioner resulting from. or
alleged to have resulted from. the flu vaccine administered on January 17. 2013. as alleged by
petitioner in a petition for vaccine compensation filed on or about February 27. 2014. in the
United States Court of Federal Claims as petition o. 14-159.
14. If petitioner should die prior to entry of judgment. this agreement shall be voidable
upon proper notice to the Court on be ha If of either or both of the parties.
15. If the special master fai Is to issue a decision in complete con form ity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
3

Case 1:14-vv-00159-UNJ Document 41 Filed 02/19/15 Page 6 of 7
decision that is in complete conformity with the terms of this Stipulation. then the parties·
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the ational Childhood Vaccine Injury Act of 1986, as amended. except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties· respective positions as to liability and/or
amount of damages. and further. that a change in the nature of the injury or condition or in the
items of compen ation sought. is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine received by petitioner either caused or
significantly aggravated petitioner's alleged injuries or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner"s
heirs, executors. administrators. successors. and/or assigns.
END OF STIPULATION
4

Case 1:14-vv-00159-UNJ Document 41 Filed 02/19/15 Page 7 of 7
Rospect:fully submitted,
PIITITIONER:
~
ON
~'L~
ATTO:QNEY OF RECORD FOR AUTHORJZED REFR,ESENTATIVE
PETITIONER:
v~~J-~ ·
~Cy~
~~ Z-t..
VIN~TANOSKI
Maglio, Christopher & Toale, PA Depufy Diroetor
1775 PennsylvatU.a Avenil~.NW, Suite 225 Torts Branch
WashingtQn, DC20006 Civil Division
888"952-5242
U.S. Department ofJ ustioe
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTAnvE ATTORNEYOFRECO.lIDFOR
OF THE SECRETAR BEALT R RESPONDENT:
AND HUMAN SER
,·
Di.tector~ Division of Inju1·y Senior Trial Attorney
Compensation Programs (DICP) Torts Branch
Healthcare Systems Bureau Civil Division
U.S. -Department ofHeaJ.th and U.S. Department ofJ ustice
Human Services P.O. Box 146
5600 Fishers l..$le Benjamin Franklin Station
Parldawn Building, M.ail Stop l lC-26 Washington, DC 20044-0146
R~ville, MD 20857 (202) 616--4357
5

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00159-1
Date issued/filed: 2015-03-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/09/2015) regarding 38 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00159-UNJ Document 42 Filed 03/02/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 9, 2015
* * * * * * * * * * * * * * UNPUBLISHED
KELLY JOHNSON, *
* Case No. 14-159V
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. *
*
* * * * * * * * * * * * *
Danielle Anne Strait, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On February 27, 2014, Kelly Johnson (“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 she suffered from Guillain-Barrė syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine that she received on January 17, 2013. See Petition at 1. On January
27, 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 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 1:14-vv-00159-UNJ Document 42 Filed 03/02/15 Page 2 of 2
On February 9, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $17,000.00. In accordance with General Order #9,
petitioner’s counsel states that petitioner has not incurred any costs in pursuit of her 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,
Danielle A. Strait, of the law firm of Maglio Christopher & Toale, PA, in the amount
of $17,000.00.
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
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