VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00185
Package ID: USCOURTS-cofc-1_14-vv-00185
Petitioner: Michelle Schneider
Filed: 2014-03-05
Decided: 2015-08-10
Vaccine: influenza
Vaccination date: 2012-09-27
Condition: lipomyonecrosis of the left deltoid area
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Michelle Schneider filed a petition for compensation on March 5, 2014, alleging that the influenza vaccine she received on or about September 27, 2012, caused lipomyonecrosis of her left deltoid area. The respondent denied that the vaccine caused her condition. The parties reached a stipulation for compensation, which Special Master Christian J. Moran adopted as the court's decision. The stipulation awarded Ms. Schneider a lump sum of $35,000.00, payable to her, for all damages. Subsequently, on July 14, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Christian J. Moran awarded $8,956.68 for attorneys' fees and costs, payable to Ms. Schneider and her attorney, Danielle A. Strait of Maglio, Christopher & Toale, PA. The case was resolved through stipulations for both damages and fees. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony.

Theory of causation field:
Petitioner Michelle Schneider alleged that the influenza vaccine received on or about September 27, 2012, caused lipomyonecrosis of the left deltoid area. The respondent denied causation. The case was resolved via stipulation. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The award was $35,000.00 for all damages, and $8,956.68 for attorneys' fees and costs, payable to petitioner and her attorney, Danielle A. Strait. Special Master Christian J. Moran issued the decision on January 26, 2015, for damages and August 10, 2015, for fees and costs. The condition is listed as lipomyonecrosis of the left deltoid area, and the vaccine is influenza. The theory of causation is presumed to be a Table injury, as the condition is not explicitly detailed in the public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00185-0
Date issued/filed: 2015-02-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/26/2015) regarding 32 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00185-UNJ Document 36 Filed 02/18/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
MICHELLE SCHNEIDER, * No. 14-185V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: January 26, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine,
AND HUMAN SERVICES, * lipomyonecrosis of the left deltoid
* area.
Respondent. *
* * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner;
Claudia Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On January 23, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Michelle Schneider on March 5, 2014. In her
petition, Ms. Schneider 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 or about September 27, 2012, caused her alleged
lipomyonecrosis of the left deltoid area. 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.
Respondent denies that the flu vaccine caused petitioner’s alleged
lipomyonecrosis, any other injury, or her current disabilities.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
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-00185-UNJ Document 36 Filed 02/18/15 Page 2 of 7
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $35,000.00 in the form of a check payable to petitioner,
Michelle Schneider. 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 14-185V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6521.
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

CCaassee 11::1144--vvvv--0000118855--UUNNJJ DDooccuummeenntt 3306 FFiilleedd 0012//2138//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000118855--UUNNJJ DDooccuummeenntt 3306 FFiilleedd 0012//2138//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000118855--UUNNJJ DDooccuummeenntt 3306 FFiilleedd 0012//2138//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000118855--UUNNJJ DDooccuummeenntt 3306 FFiilleedd 0012//2138//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000118855--UUNNJJ DDooccuummeenntt 3306 FFiilleedd 0012//2138//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00185-1
Date issued/filed: 2015-08-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/14/2015) regarding 38 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00185-UNJ Document 41 Filed 08/10/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
MICHELLE SCHNEIDER, *
* No. 14-185V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: July 14, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio, Christopher & Toale, PA, Washington, DC, for
Petitioner;
Claudia B. Gangi, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On July 14, 2015, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $8,956.68, an amount to which respondent does not object.
The Court awards this amount.
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 ruling 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-00185-UNJ Document 41 Filed 08/10/15 Page 2 of 2
On March 5, 2014, Michelle Schneider filed a petition for compensation
alleging that the influenza (“flu”) vaccine, which she received on or about
September 27, 2012, caused her alleged lipomyonecrosis of the left deltoid area.
Petitioner received compensation based upon the parties’ stipulation. Decision,
issued Jan. 26, 2015. Because petitioner received compensation, she is entitled to
an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $8,956.68 in attorneys’ fees and costs. In
compliance with General Order No. 9, petitioner states that she has 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 $8,956.68 in the form of a check made payable to
petitioner and petitioner’s attorney, Danielle A. Strait, of the law
firm Maglio, Christopher, & Toale, PA, 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-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2