VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00365
Package ID: USCOURTS-cofc-1_14-vv-00365
Petitioner: Cathy Erdmann
Filed: 2015-01-13
Decided: 2015-02-06
Vaccine: influenza
Vaccination date: 2013-09-24
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 302036

AI-assisted case summary:
Cathy Erdmann filed a petition on January 13, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on September 24, 2013, and experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Petitioner's alleged GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case through stipulations. A stipulation filed on December 22, 2014, addressed attorneys' fees and costs, indicating an agreement for compensation to Petitioner's attorney and that no out-of-pocket litigation costs were incurred. Another stipulation, filed on January 13, 2015, stated that the issues could be settled and that compensation should be awarded. Special Master Brian H. Corcoran reviewed the file and found the stipulations to be reasonable, adopting them as the decision. The stipulations awarded Cathy Erdmann a lump sum of $285,000.00 for all damages, payable to Petitioner. Additionally, a lump sum of $17,036.83 was awarded for attorneys' fees and costs, payable jointly to Petitioner and her attorney, Mark L. Krueger of Krueger & Hernandez, S.C. The respondent was represented by Lindsay Corliss of the U.S. Department of Justice. The Special Master directed the clerk of the court to enter judgment based on these stipulations.

Theory of causation field:
Petitioner Cathy Erdmann alleged that she suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on September 24, 2013. Respondent denied that the vaccine caused her GBS or any other injury. The parties reached a settlement through stipulations, agreeing to compensation without litigating the causation theory. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details supporting the alleged causation. The settlement awarded Petitioner $285,000.00 for all damages and $17,036.83 for attorneys' fees and costs. Special Master Brian H. Corcoran approved the stipulations as reasonable. The decision was issued on February 6, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00365-0
Date issued/filed: 2015-02-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/13/2015) regarding 20 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:14-vv-00365-UNJ Document 24 Filed 02/06/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-365V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
CATHY ERDMANN, * Filed: January 13, 2015
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Attorneys’ Fees and Costs;
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH AND * Guillain-Barré Syndrome
HUMAN SERVICES, * (“GBS”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for Petitioner.
Lindsay Corliss, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1
On April 30, 2014, Cathy Erdmann filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving
the influenza (“flu”) vaccine on September 24, 2013 she suffered from Guillain-Barré syndrome
(“GBS”) and that she experienced the residual effects of this injury for more than six months.
Respondent denies that the flu vaccine is the cause of Petitioner’s alleged GBS, and/or
any other injury, or her current condition. Nonetheless both parties, while maintaining their
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that 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 decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program comprises 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.A. ' 300aa-10 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:14-vv-00365-UNJ Document 24 Filed 02/06/15 Page 2 of 7
above-stated positions, agreed in a stipulation (filed January 13, 2015) that the issues before
them can be settled and that a decision should be entered awarding Petitioner compensation.
In a separate stipulation (filed on December 22, 2014), the parties indicated that they had
reached an agreement regarding attorneys’ fees and costs. The stipulation laid out the amount of
compensation that should be awarded to Petitioner’s attorney in the form of a check made
payable jointly to Petitioner and Petitioner’s counsel. In compliance with General Order #9, it
also indicated that no out-of-pocket litigation related costs had been incurred by Petitioner in
proceeding on the petition.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulations are reasonable. I therefore adopt them as my decision in awarding damages, and
attorneys’ fees and costs, on the terms set forth therein.
The stipulations award:
 A lump sum of $285,000.00 in the form of a check payable to Petitioner. The
amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a). Stipulation (ECF No. 19) ¶ 8.
 A lump sum of $17,036.83 in the form of a check payable jointly to Petitioner
and Petitioner’s attorney, for attorneys’ fees and costs available under 42 U.S.C.
§ 300aa-15(e). Stipulation of Facts Concerning Final Attorneys’ Fees and Costs
(ECF No. 16) ¶ 2.
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or
separately) a notice renouncing their right to seek review.
2

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