VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00395
Package ID: USCOURTS-cofc-1_14-vv-00395
Petitioner: Sheri Swigert
Filed: 2015-03-18
Decided: 2015-05-13
Vaccine: influenza
Vaccination date: 2013-10-11
Condition: transverse myelitis and/or multiple sclerosis
Outcome: compensated
Award amount USD: 131000

AI-assisted case summary:
Sheri Swigert filed a petition on March 18, 2015, alleging that she received an influenza vaccine on October 11, 2013, which caused her to develop transverse myelitis and/or multiple sclerosis. She further alleged that she suffered residual effects from this injury for more than six months. The respondent denied that the flu vaccine caused the petitioner's alleged conditions. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Sheri Swigert $131,000.00 in damages. Separately, on May 13, 2015, the parties filed a stipulation regarding attorneys' fees and costs. The Special Master awarded $15,338.22, payable jointly to the petitioner and her attorneys, Maglio, Christopher & Toale, P.A. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Petitioner was represented by Amber D. Wilson, and respondent was represented by Ryan D. Pyles.

Theory of causation field:
Petitioner Sheri Swigert alleged that an October 11, 2013 influenza vaccine caused her to develop transverse myelitis and/or multiple sclerosis, with residual effects lasting more than six months. Respondent denied this causation. The parties reached a stipulation to resolve the case, resulting in an award of $131,000.00 in damages. Attorneys' fees and costs were awarded separately in the amount of $15,338.22. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00395-0
Date issued/filed: 2015-04-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/18/2015) regarding 27 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00395-UNJ Document 32 Filed 04/08/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-395V
Filed: March 18, 2015
Not for Publication
*************************************
SHERI SWIGERT, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; transverse myelitis;
* multiple sclerosis
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Amber D. Wilson, Washington, DC, for petitioner.
Ryan D. Pyles, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On March 17, 2015, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that she suffered transverse
myelitis and/or multiple sclerosis that was caused by her October 11, 2013 receipt of influenza
(“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of this injury for
more than six months. Respondent denies that the flu vaccine caused petitioner’s alleged
transverse myelitis, alleged multiple sclerosis, and/or any other injury. Nonetheless, 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 delete 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
delete such material from public access.

Case 1:14-vv-00395-UNJ Document 32 Filed 04/08/15 Page 2 of 7
agreed to resolve this matter informally.
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$131,000.00, representing reimbursement for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check payable to petitioner in the
amount of $131,000.00.
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: March 18, 2015 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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00395-1
Date issued/filed: 2015-06-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/13/2015) regarding 34 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00395-UNJ Document 37 Filed 06/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-395V
Filed: May 13, 2015
Not for Publication
*************************************
SHERI SWIGERT, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Amber D. Wilson, Washington, DC, for petitioner.
Ryan D. Pyles, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On May 13, 2015, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted a draft application for attorneys’
fees and costs to respondent, requesting $13,990.90 in attorneys’ fees and $1,347.32 in attorneys’
costs. Respondent does not object to this amount. The undersigned finds this amount to be
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-00395-UNJ Document 37 Filed 06/03/15 Page 2 of 2
reasonable. Accordingly, the court awards $15,338.22, representing reimbursement for
attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner
and Maglio, Christopher & Toale, P.A in the amount of $15,338.22.
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: May 13, 2015 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