VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00578
Package ID: USCOURTS-cofc-1_14-vv-00578
Petitioner: Gillian Sears
Filed: 2014-07-08
Decided: 2016-05-04
Vaccine: trivalent influenza
Vaccination date: 2012-10-01
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 170000

AI-assisted case summary:
Gillian Sears filed a petition for compensation under the National Vaccine Injury Compensation Program on July 8, 2014, alleging that she suffered severe pain, burning sensation, and stiffness in her right shoulder within hours of receiving a trivalent influenza vaccination on October 1, 2012. Her petition referenced medical records indicating axillary neuritis, likely caused by the injection, and stated that she experienced residual effects for more than six months. The respondent denied that the vaccine caused her brachial neuritis or any other injury. Despite the denial, the parties reached a settlement. On July 17, 2015, a decision awarded Gillian Sears $150,000.00 as compensation for all damages. Subsequently, on January 15, 2016, the parties filed a stipulation for attorneys' fees and costs. A decision on May 4, 2016, awarded Gillian Sears $20,000.00 for attorneys' fees and costs, bringing the total compensation to $170,000.00.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00578-0
Date issued/filed: 2015-08-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/17/2015) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00578-UNJ Document 34 Filed 08/07/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-0578V
Filed: July 17, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GILLIAN SEARS, *
*
Petitioner, * Joint Stipulation on Damages;
* Trivalent Influenza (“Flu”) Vaccine;
* Brachial Neuritis; Special Processing
SECRETARY OF HEALTH * Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Esq., Maglio Christopher and Toale, PA, (DC) Washington, DC, for
petitioner.
Glenn MacLeod, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On July 8, 2014, Gillian Sears filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered “severe pain, burning
sensation, and stiffness in the right shoulder” within a few hours of receiving the trivalent
influenza vaccination on October 1, 2012. Petition, ¶¶ 2-3; accord. Stipulation, filed July
17, 2015, ¶¶ 2, 4. Petitioner references the medical records from one of her treating
physicians indicating “[t]his appears to be a relatively clear case of axillary neuritis
whether chemically induced or physically by the injection itself.” Petition, ¶ 2. Petitioner
further alleges that she experienced the residual effects of her injury for more than six
months and continues to suffer these effects. Petition, ¶¶ 9, 10; Stipulation, ¶ 4.
Respondent denies that the trivalent influenza vaccine caused petitioner’s brachial
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it on the United States Court of Federal Claims' website, 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such
material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00578-UNJ Document 34 Filed 08/07/15 Page 2 of 7
neuritis or any other injury, and denies that her current disabilities are sequelae of a
vaccine-related injury. Stipulation, ¶ 6.
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
July 17, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $150,000.00 in the form of a
check payable to petitioner, Gillian Sears. Stipulation, ¶ 8. This amount represents
compensation for all damages that would be available under § 15(a). Id.
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. In the absence of a motion for review filed
pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in
accordance with this decision.3
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

CCaassee 11::1144--vvvv--0000557788--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 0078//1077//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000557788--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 0078//1077//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000557788--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 0078//1077//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000557788--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 0078//1077//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000557788--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 0078//1077//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00578-1
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/15/2016) regarding 39 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00578-UNJ Document 42 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-578V
Filed: January 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
GILLIAN SEARS, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio Christopher and Toale, PA (DC), Washington, DC, for
petitioner.
Glen MacLeod, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On July 8, 2014, Gillian Sears filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered “severe pain, burning
sensation, and stiffness in the right shoulder” within a few hours of receiving the trivalent
influenza vaccination on October 1, 2012. Petition, ¶¶ 2-3. On July 17, 2015, a
decision was issued awarding compensation to petitioner based on the parties’
stipulation.
On January 15, 2016, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to an award to
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, 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)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify
and move to redact medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-00578-UNJ Document 42 Filed 05/04/16 Page 2 of 2
petitioner of attorneys’ fees and costs in the amount of $20,000.00. In compliance with
General Order #9, petitioner filed a statement indicating she incurred no out-of-pocket
expenses as an attachment to the stipulation.3
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned grants the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $20,000.00,4 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel,
Isaiah Kalinowski.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 In the stipulation itself, petitioner’s counsel also represented that petitioner incurred no out-of-pocket
expenses. Stipulation, filed Jan. 15, 2016, at ¶ 3.
4 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
5 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2