VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00461
Package ID: USCOURTS-cofc-1_14-vv-00461
Petitioner: Jeanne Daniels
Filed: 2015-03-26
Decided: 2015-07-28
Vaccine: influenza
Vaccination date: 2013-01-15
Condition: gastrointestinal problems and rheumatological symptoms
Outcome: compensated
Award amount USD: 97338

AI-assisted case summary:
Jeanne Daniels filed a petition on March 26, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on January 15, 2013, she received influenza and Tdap vaccines, and subsequently suffered from an autoimmune response including gastrointestinal problems and rheumatological symptoms that lasted for more than six months. The respondent denied that the vaccines caused the alleged injuries or that the current disabilities were sequelae of a vaccine-related injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on March 25, 2015. A separate stipulation regarding attorney's fees and costs was filed on March 12, 2015. Special Master Brian H. Corcoran reviewed the stipulations and found them reasonable, adopting them as his decision. The decision awarded Jeanne Daniels a lump sum of $75,000.00 for all damages. Additionally, a lump sum of $22,338.39 was awarded for attorney's fees and costs, payable jointly to Ms. Daniels and her attorney, Carol Gallagher. The total compensation awarded was $97,338.39. The decision was issued on July 28, 2015.

Theory of causation field:
Petitioner Jeanne Daniels alleged that on January 15, 2013, she received influenza and Tdap vaccines, which caused an autoimmune response including gastrointestinal problems and rheumatological symptoms lasting more than six months. Respondent denied causation. The parties settled the case via stipulation. The Special Master adopted the stipulations, awarding $75,000.00 for damages and $22,338.39 for attorney's fees and costs, totaling $97,338.39. The public decision does not detail the specific mechanism of injury, expert testimony, or the clinical progression of symptoms. The attorneys involved were Carol Gallagher for the Petitioner and Lisa Watts for the Respondent. Special Master Brian H. Corcoran issued the decision on July 28, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00461-0
Date issued/filed: 2015-07-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/26/2015) Regarding 26 DECISION of Special Master (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:14-vv-00461-UNJ Document 30 Filed 07/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-461V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
JEANNE DANIELS, * Filed: March 26, 2015
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Attorney’s Fees and Costs;
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH AND * Tetanus-Diphtheria-Acellular
HUMAN SERVICES, * Pertussis (“Tdap”); Gastrointestinal
Respondent. * (“GI”) Problems; Rheumatological
* Symptoms
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for Petitioner.
Lisa Watts, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES AND ATTORNEY’S FEES AND COSTS1
On June 2, 2014, Jeanne Daniels filed a petition seeking compensation under the National
Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving the
influenza (“flu”) and tetanus-diphtheria-acellular pertussis (“Tdap”) vaccines on January 15, 2013,
she suffered from an autoimmune response including, but not limited to, gastrointestinal (“GI”)
problems and rheumatological symptoms that lasted for more than six months.
Respondent denies that the Tdap vaccine or flu vaccine caused Petitioner’s alleged GI
problems, rheumatologic symptoms, or any other injury, and further denies that Petitioner’s current
disabilities are sequelae of a vaccine-related injury. Nonetheless both parties, while maintaining
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 fourteen (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 at 42 U.S.C. § 300aa-10 to 34 (2006)) [hereinafter
“Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:14-vv-00461-UNJ Document 30 Filed 07/28/15 Page 2 of 7
their above-stated positions, agreed in a stipulation (filed March 25, 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 March 12, 2015), the parties indicated that they had
reached an agreement regarding attorney’s 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. This included reimbursement for attorney’s fees in
the amount of $21,695.00 and attorney’s costs in the amount of $585.49. Pursuant to General Order
#9, the stipulation also indicated that Petitioner had expended $57.90 in costs in proceeding on the
petition for which she claims reimbursement.
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 $75,000.00 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). Damages Stipulation (ECF No. 25) ¶ 8; and
 A lump sum of $22,338.39 in the form of a check payable jointly to Petitioner and
Petitioner’s attorney, Carol Gallagher, Esq. for attorney’s fees and costs available
under 42 U.S.C. § 300aa-15(e). Stipulation of Facts Concerning Attorneys’ Fees
and Costs (ECF No. 23) ¶¶ 3-4.
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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