VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00484
Package ID: USCOURTS-cofc-1_14-vv-00484
Petitioner: Brandy Humphries
Filed: 2015-02-13
Decided: 2015-07-29
Vaccine: Tdap
Vaccination date: 2011-06-09
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 147238

AI-assisted case summary:
Brandy Humphries filed a petition on February 13, 2015, alleging that she developed Guillain-Barré Syndrome (GBS) caused by a Tdap vaccine she received on June 9, 2011. She further alleged that she suffered residual effects from the GBS for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused or aggravated her GBS, and also denied that she experienced symptoms for more than six months. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Brandy Humphries a lump sum of $120,000.00, payable to her. Additionally, $7,238.36 was awarded to reimburse a Medicaid lien, payable jointly to Ms. Humphries and the Colorado Department of Health Care Policy and Financing. This award represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on July 29, 2015, the parties filed a separate stipulation regarding attorneys' fees and costs. Following informal discussions where the respondent raised objections to certain items in the petitioner's initial application, the petitioner amended her application to $27,500.00. The respondent did not object to this revised amount. Special Master Millman found the amount reasonable and awarded $27,500.00 for attorneys' fees and costs, payable jointly to Brandy Humphries and her attorney, Howie Law, P.C. The total compensation awarded in this case was $147,238.36. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by John R. Howie, Jr., and respondent was represented by Darryl R. Wishard.

Theory of causation field:
Petitioner Brandy Humphries alleged that her Guillain-Barré Syndrome (GBS) was caused by a Tdap vaccine administered on June 9, 2011, and that she suffered residual effects for more than six months. Respondent denied causation and aggravation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $120,000.00 for damages and $7,238.36 for a Medicaid lien reimbursement, totaling $127,238.36. Attorneys' fees and costs of $27,500.00 were awarded separately, bringing the total award to $147,238.36. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the Tdap vaccine allegedly caused GBS. The case was resolved via stipulation rather than litigation on the merits of causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00484-0
Date issued/filed: 2015-03-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/13/2015) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00484-UNJ Document 34 Filed 03/06/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-484V
Filed: February 13, 2015
Not for Publication
*************************************
BRANDY HUMPHRIES, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * tetanus-diphtheria-acellular pertussis (Tdap)
* vaccine; Guillain-Barré Syndrome (GBS)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
John R. Howie, Jr., Dallas, TX, for petitioner.
Darryl R. Wishard, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On February 13, 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
Guillain-Barré Syndrome (“GBS”) that was caused by her June 9, 2011, receipt of
tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine. Petitioner further alleges that she
suffered the residual effects of this injury for more than six months. Respondent denies that the
Tdap vaccine either caused or significantly aggravated petitioner’s GBS or any other injury, and
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-00484-UNJ Document 34 Filed 03/06/15 Page 2 of 7
further denies that petitioner experienced symptoms of GBS or any other injury for more than six
months. Nonetheless, the parties 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. a lump sum of $120,000.00, in the form of a check payable to petitioner; and
b. a lump sum of $7,238.36, representing compensation for reimbursement of a Medicaid
lien, in the form of a check payable jointly to petitioner and the Colorado Department of
Health Care Policy and Financing, ID #G922628. Petitioner agrees to endorse this
payment to the Medicaid provider.
These amounts represent 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 of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: February 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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00484-1
Date issued/filed: 2015-08-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/29/2015) regarding 36 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:14-vv-00484-UNJ Document 39 Filed 08/19/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-484V
Filed: July 29, 2015
Not for Publication
*************************************
BRANDY HUMPHRIES, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
John R. Howie, Jr., Dallas, TX, for petitioner.
Darryl R. Wishard, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On July 29, 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. During informal discussions, respondent raised objections to certain
items in petitioner’s application. Based on these objections, petitioner amends her application for
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-00484-UNJ Document 39 Filed 08/19/15 Page 2 of 2
attorneys’ fees and costs to $27,500.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $27,500.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Howie Law, P.C. in the amount of $27,500.00.
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: July 29, 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