VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00524
Package ID: USCOURTS-cofc-1_14-vv-00524
Petitioner: Nancy C. Howell
Filed: 2014-06-20
Decided: 2015-05-18
Vaccine: influenza
Vaccination date: 2012-11-05
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 139365

AI-assisted case summary:
Nancy C. Howell filed a petition on June 20, 2014, alleging that the influenza vaccine she received on November 5, 2012, caused her to suffer Guillain-Barré Syndrome (GBS) and residual effects for more than six months. Respondent denied that the vaccine caused her GBS or any other injury. The parties reached a stipulation for compensation, which Special Master Christian J. Moran adopted on December 22, 2014. Ms. Howell was awarded a lump sum of $120,000.00 for all damages. Subsequently, on April 24, 2015, the parties filed a stipulation for attorneys' fees and costs. Petitioner sought $19,365.00, which respondent did not object to. Special Master Christian J. Moran awarded this amount, making the total compensation $139,365.00. Petitioner was represented by Elizabeth Muldowney of Rawls, McNelis & Mitchell, PC, and respondent was represented by Lindsay Corliss and Amy P. Kokot of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation.

Theory of causation field:
Petitioner Nancy C. Howell alleged that the influenza vaccine received on November 5, 2012, caused Guillain-Barré Syndrome (GBS), an injury listed on the Vaccine Injury Table. Respondent denied causation. The parties entered into a stipulation for compensation, which Special Master Christian J. Moran adopted. Ms. Howell was awarded $120,000.00 for all damages. Subsequently, attorneys' fees and costs totaling $19,365.00 were awarded, bringing the total compensation to $139,365.00. Petitioner was represented by Elizabeth Muldowney, and respondent was represented by Lindsay Corliss and Amy P. Kokot. The public decision does not detail the specific medical experts, evidence, or the precise mechanism of causation relied upon for the stipulation.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00524-0
Date issued/filed: 2015-01-14
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/22/2014) regarding 20 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00524-UNJ Document 24 Filed 01/14/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
NANCY C. HOWELL, *
* No. 14-524V
Petitioner, * Special Master Moran
*
v. * Filed: December 22, 2014
*
SECRETARY OF HEALTH * Stipulation; influenza vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Elizabeth Muldowney, Rawls, McNelis & Mitchell, PC, Richmond, VA, for
Petitioner;
Lindsay Corliss, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On December 19, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Nancy Howell on June 20, 2014. In her petition,
Ms. Howell alleged that the influenza vaccine, which is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on
November 5, 2012, caused her to suffer Guillain-Barré Syndrome (“GBS”).
Petitioner further alleges that she experienced the residual effects of her injury for
more than six months. Petitioner represents that there has been no prior award or
settlement of a civil action for damages as a result of her condition.
Respondent denies that the influenza immunization is the cause of
petitioner’s alleged GBS, and/or any other injury, or her current disabilities.
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-00524-UNJ Document 24 Filed 01/14/15 Page 2 of 8
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $120,000.00 in the form of a check payable to petitioner,
Nancy Howell. 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 14-524V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
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--0000552244--UUNNJJ DDooccuummeenntt 1284 FFiilleedd 1021//1194//1145 PPaaggee 13 ooff 68

CCaassee 11::1144--vvvv--0000552244--UUNNJJ DDooccuummeenntt 1284 FFiilleedd 1021//1194//1145 PPaaggee 24 ooff 68

CCaassee 11::1144--vvvv--0000552244--UUNNJJ DDooccuummeenntt 1284 FFiilleedd 1021//1194//1145 PPaaggee 35 ooff 68

CCaassee 11::1144--vvvv--0000552244--UUNNJJ DDooccuummeenntt 1284 FFiilleedd 1021//1194//1145 PPaaggee 46 ooff 68

CCaassee 11::1144--vvvv--0000552244--UUNNJJ DDooccuummeenntt 1284 FFiilleedd 1021//1194//1145 PPaaggee 57 ooff 68

CCaassee 11::1144--vvvv--0000552244--UUNNJJ DDooccuummeenntt 1284 FFiilleedd 1021//1194//1145 PPaaggee 68 ooff 68

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00524-1
Date issued/filed: 2015-05-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/24/2015) regarding 27 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00524-UNJ Document 30 Filed 05/18/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
NANCY C. HOWELL, *
* No. 14-524V
Petitioner, * Special Master Moran
*
v. * Filed: April 24, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Elizabeth Muldowney, Rawls, McNelis & Mitchell, PC, Richmond, VA, for
Petitioner;
Amy P. Kokot, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On April 22, 2015, respondent 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 $19,365.00, an amount to which respondent does not object.
The Court awards this amount.
On June 20, 2014, Nancy Howell filed a petition for compensation alleging
that the influenza vaccine, which she received on November 5, 2012, caused her to
suffer Guillain-Barré syndrome (“GBS”). Petitioner received compensation based
upon the parties’ stipulation. Decision, issued Dec. 22, 2014. Because petitioner
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 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-00524-UNJ Document 30 Filed 05/18/15 Page 2 of 2
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 $19,365.00, in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she 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 $19,365.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Elizabeth M. Muldowney, 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