VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00543
Package ID: USCOURTS-cofc-1_14-vv-00543
Petitioner: Milena Gottlieb
Filed: 2014-06-25
Decided: 2015-01-14
Vaccine: influenza
Vaccination date: 2011-08-19
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 107837

AI-assisted case summary:
Milena Gottlieb filed a petition on June 25, 2014, alleging that an influenza vaccine received on or about August 19, 2011, caused her to suffer Guillain-Barré Syndrome (GBS) and that she experienced residual effects for more than six months. The respondent denied that the vaccine caused the alleged GBS or any other injury. The parties reached a joint stipulation for compensation, acknowledging that the flu vaccine is listed on the Vaccine Injury Table. The stipulation awarded Ms. Gottlieb a lump sum of $85,000.00 for all damages. Subsequently, a separate stipulation addressed attorneys' fees and costs. Petitioner's counsel, Thomas P. Gallagher, sought $22,837.51 in attorneys' fees and costs. The respondent did not object to this amount. Special Master Christian J. Moran adopted the stipulations as the decision of the Court. The total compensation awarded was $107,837.51, consisting of the $85,000.00 lump sum for damages and $22,837.51 for attorneys' fees and costs. The decision was filed on January 14, 2015, with the fees and costs decision filed on January 30, 2015. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Milena Gottlieb alleged that an influenza vaccine administered on or about August 19, 2011, caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. The respondent denied causation. The parties entered into a joint stipulation, agreeing to compensation because the influenza vaccine is on the Vaccine Injury Table and the condition met the duration requirement. The stipulation did not admit that the vaccine caused the GBS. Special Master Christian J. Moran issued a decision adopting the stipulation. Petitioner was awarded $85,000.00 for damages and $22,837.51 for attorneys' fees and costs, for a total of $107,837.51. The theory of causation relied on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00543-0
Date issued/filed: 2015-01-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/18/2014) regarding 19 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00543-UNJ Document 23 Filed 01/14/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MILENA GOTTLIEB, * No. 14-543V
* Special Master Christian J. Moran
Petitioner, *
* Filed: December 18, 2014
v. *
*
SECRETARY OF HEALTH * Stipulation; influenza ("flu") vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Thomas P. Gallagher, Somers Point, NJ, for Petitioner;
Gordon E. Shemin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On December 17, 2014, the Secretary filed a joint stipulation concerning the
petition for compensation filed by Milena Gottlieb on June 25, 2014. In her
petition, petitioner alleged that the seasonal influenza ("flu") vaccine, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and
which she received on or about August 19, 2011, caused her to suffer Guillain-
Barré Syndrome (“GBS”). Petitioner further alleges that she suffered the residual
effects of this injury for more than six months. Petitioner represents that there has
been no prior award or settlement of a civil action for damages on her behalf as a
result of her condition.
Respondent denies that the flu immunization is the cause of petitioner's
alleged GBS, and/or any other injury.
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-00543-UNJ Document 23 Filed 01/14/15 Page 2 of 7
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 payment of $85,000.00 in the form of a check payable to
petitioner, Milena Gottlieb. 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 14-543V 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

Case 1:14-vv-00543-UNJ Document 23 Filed 01/14/15 Page 3 of 7

Case 1:14-vv-00543-UNJ Document 23 Filed 01/14/15 Page 4 of 7

CCaassee 11::1144--vvvv--0000554433--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 1021//1174//1145 PPaaggee 35 ooff 57
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U .S.C. § 300aa-I 0 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or
about August 19, 2011, as alleged by petitioner in a petition for vaccine compensation filed on or
about June 25, 2014 in the United States Court of Federal Claims as petition No. 14-543V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or ifthe Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
3

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16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, except as otherwise
noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to
make any payment or to do any act or thing other than is herein expressly stated and clearly
agreed to. The parties further agree and understand that the award described in this Stipulation
may reflect a compromise of the parties' respective positions as to liability and/or amount of
damages, and further, that a change in the nature of the injury or condition or in the items of
compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged GBS, or
any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

CCaassee 11::1144--vvvv--0000554433--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 1021//1174//1145 PPaaggee 57 ooff 57
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD F AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
Thomas P. Gallagher, E quire LC Deputy Director
822 Shore Road Torts Branch
Somers Point, NJ 0824' Civil Division
(609) 926-6450 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET F HEALTH RESPONDENT:
ANDHU VICE :
A.
Director, Division oflnjury Trial Attorney
Compensation Programs (DICP), Torts Branch
Healthcare Systems Bureau, U.S. Department Civil Division
Of Health and Human Services U.S. Department of Justice
5600 Fishers Lane P.O. Box 146
Parklawn Building, Mail Stop 1 I C-26 Benjamin Franklin Station
Rockville, MD 20857 Washington, DC 20044-0146
(202) 616-4208
5

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00543-1
Date issued/filed: 2015-02-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/30/2015) regarding 25 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00543-UNJ Document 29 Filed 02/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MILENA GOTTLIEB, * No. 14-543V
* Special Master Christian J. Moran
Petitioner, *
* Filed: January 30, 2015
v. *
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Thomas P. Gallagher, Somers Point, NJ, for Petitioner;
Gordon E. Shemin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On January 28, 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 $22,837.51, an amount to which respondent does not object.
The Court awards this amount.
On June 25, 2014, Milena Gottlieb filed a petition for compensation alleging
that the influenza vaccine, which she received on or about August 19, 2011, caused
her to suffer Guillain-Barré syndrome (“GBS”). Petitioner received compensation
based upon the parties’ stipulation. Decision, filed Dec. 18, 2014. Because
petitioner received compensation, she is entitled to an award of attorneys’ fees and
costs. 42 U.S.C. § 300aa-15(e).
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-00543-UNJ Document 29 Filed 02/26/15 Page 2 of 2
Petitioner seeks a total of $22,837.51 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 $22,837.51 in the form of a check made payable to
petitioner and petitioner’s attorney, Thomas P. Gallagher, 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-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2