VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00654 Package ID: USCOURTS-cofc-1_14-vv-00654 Petitioner: Karen Woolley Filed: 2014-07-25 Decided: 2015-09-08 Vaccine: influenza Vaccination date: 2013-09-09 Condition: Miller Fisher variant of Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 143383 AI-assisted case summary: Karen Woolley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered the Miller Fisher variant of Guillain-Barré syndrome (GBS) causally related to an influenza vaccine she received on September 9, 2013. She further alleged that she experienced the residual effects of GBS for more than six months. The respondent denied that the influenza vaccination caused her GBS or any other injury. However, the parties reached a settlement agreement. On June 16, 2015, the court issued a decision awarding compensation based on a joint stipulation. The respondent agreed to pay Karen Woolley a lump sum of $125,000.00 for all damages. Subsequently, on August 13, 2015, the parties filed a stipulation regarding attorneys' fees and costs. They agreed upon an award of $18,363.82 for attorney's fees and costs, and $19.76 for costs paid by petitioner, for a total award of $18,383.58. The court found this amount to be reasonable and awarded the total sum, with a portion payable to petitioner and counsel jointly, and a smaller portion solely to petitioner. The case was compensated. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00654-0 Date issued/filed: 2015-07-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/16/2015) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell) (mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00654-UNJ Document 30 Filed 07/17/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-654V Filed: June 16, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * KAREN WOOLLEY, * * Petitioner, * Joint Stipulation on Damages; * Influenza Vaccine or Flu Vaccine; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Miller Fisher Syndrome; A Variant of AND HUMAN SERVICES, * GBS; Special Processing Unit (“SPU”); * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Wilson, Esq., Maglio Christopher and Toale, PA, (DC) Washington, DC, for petitioner. Justine Walters, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Vowell, Chief Special Master: On July 25, 2014, Karen Woolley 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 the Miller Fisher variant of Guillain-Barré syndrome (GBS) causally related to an adverse reaction to the influenza vaccine she received on September 9, 2013. Petition, ¶¶ 2, 5-7; Stipulation, filed June 15, 2015, ¶¶ 2, 4. Petitioner further alleges that she experienced the residual effects of GBS for more than six months. Petition, ¶ 8. Respondent denies that the influenza vaccination caused petitioner’s GBS or any other injury. Stipulation, ¶ 6. 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-00654-UNJ Document 30 Filed 07/17/15 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On June 15, 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 $125,000.00 in the form of a check payable to petitioner, Karen Woolley. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-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--0000665544--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 0067//1157//1155 PPaaggee 13 ooff 57 CCaassee 11::1144--vvvv--0000665544--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 0067//1157//1155 PPaaggee 24 ooff 57 CCaassee 11::1144--vvvv--0000665544--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 0067//1157//1155 PPaaggee 35 ooff 57 CCaassee 11::1144--vvvv--0000665544--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 0067//1157//1155 PPaaggee 46 ooff 57 CCaassee 11::1144--vvvv--0000665544--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 0067//1157//1155 PPaaggee 57 ooff 57 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00654-1 Date issued/filed: 2015-09-08 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/17/2015) regarding 33 DECISION Fees Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00654-UNJ Document 36 Filed 09/08/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-654V Filed: August 17, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * KAREN WOOLLEY, * * Petitioner, * v. * * Attorney Fees and Costs; Stipulation SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Wilson, Esq., Maglio Christopher and Toale, PA, (DC) Washington, DC, for petitioner. Justine Walters, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Vowell, Chief Special Master: On July 25, 2014, Karen Woolley 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 the Miller Fisher variant of Guillain-Barré syndrome (GBS) causally related to an adverse reaction to the influenza vaccine she received on September 9, 2013. Petition, ¶¶ 2, 5-7; Stipulation, filed June 15, 2015, ¶¶ 2, 4. On June 16, 2015, I issued a decision awarding compensation to petitioner based on the parties’ stipulation. 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 (2006). Case 1:14-vv-00654-UNJ Document 36 Filed 09/08/15 Page 2 of 2 On August 13, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of $18,363.82 for attorney’s fees and costs and an award of $19.76 for costs paid by petitioner for a total award of $18,383.58. In compliance with General Order #9, petitioner has filed a statement indicating she incurred $19.76 in out-of-pocket expenses. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable. Accordingly, I award the total $18,383.58 as follows: 1. an award of $18,363.82 in the form of a check jointly payable to petitioner and petitioner’s counsel, Amber D. Wilson, and 2. an award of $19.76 in the form of a check solely payable to petitioner. The clerk of the court shall enter judgment in accordance herewith.3 IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell Chief Special Master 3 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