VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00679
Package ID: USCOURTS-cofc-1_14-vv-00679
Petitioner: Cynthia Rae Torres
Filed: 2015-11-09
Decided: 2016-01-04
Vaccine: rubella and Tdap
Vaccination date: 2013-04-08
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
Cynthia Rae Torres filed a petition on November 9, 2015, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving the rubella and tetanus-diphtheria-acellular pertussis (Tdap) vaccines on April 8, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused her GBS or any other injury. The parties subsequently filed a stipulation of fact to resolve the case. Special Master Laura D. Millman adopted the stipulation. On January 4, 2016, the Special Master issued a decision awarding Cynthia Rae Torres $105,000.00 in compensation for all damages. This award was in the form of a check payable to the petitioner. Separately, on November 9, 2015, the parties filed a stipulation for attorneys' fees and costs, which Special Master Millman approved on November 9, 2015, awarding $25,000.00. This amount was to be paid by check jointly to the petitioner and her counsel, Kennedy Berkley Yarnevich & Williamson, Chartered. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by Larry G. Michel, and respondent was represented by Glenn A. MacLeod.

Theory of causation field:
Petitioner Cynthia Rae Torres alleged that the rubella and Tdap vaccines administered on April 8, 2013, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied this allegation. The case was resolved via a stipulation of fact, and the Special Master adopted the terms of the stipulation. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. Compensation was awarded in the amount of $105,000.00 for damages and $25,000.00 for attorneys' fees and costs. Special Master Laura D. Millman issued the decisions on November 9, 2015 (fees) and January 4, 2016 (damages). Petitioner's counsel was Larry G. Michel, and respondent's counsel was Glenn A. MacLeod.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00679-0
Date issued/filed: 2015-11-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/09/2015) regarding 35 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:14-vv-00679-UNJ Document 38 Filed 11/30/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-679V
Filed: November 9, 2015
Not for Publication
*************************************
CYNTHIA RAE TORRES, *
*
Petitioner, *
* Attorney’s fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Larry G. Michel, Salina, KS, for petitioner.
Glenn A. MacLeod, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On November 9, 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
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-00679-UNJ Document 38 Filed 11/30/15 Page 2 of 2
application for attorneys’ fees and costs to $25,000.00. Respondent does not object to this
amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards
$25,000.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the
form of a check payable jointly to petitioner and Kennedy Berkley Yarnevich & Williamson,
Chartered in the amount of $25,000.00.
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: November 9, 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-00679-1
Date issued/filed: 2016-01-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/04/2016) regarding 41 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00679-UNJ Document 45 Filed 01/27/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-679V
Filed: January 4, 2016
Not for Publication
*************************************
CYNTHIA RAE TORRES, *
*
Petitioner, *
Damages decision based on stipulation;
*
Guillain-Barré Syndrome (“GBS”);
v. *
rubella vaccine; tetanus-diphtheria-
*
acellular pertussis (“Tdap”) vaccine
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Larry G. Michel, Salina, KS, for petitioner.
Glenn A. MacLeod, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On December 29, 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 April 8, 2013 receipt of the rubella and tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccines. Respondent denies that the rubella or Tdap
vaccines caused petitioner’s GBS or any other injury. Nonetheless, the parties agreed to resolve
this matter informally.
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-00679-UNJ Document 45 Filed 01/27/16 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ attached stipulation and awards compensation in the amount and on the terms
set forth therein. Pursuant to the stipulation, the court awards a lump sum of $105,000.00,
representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa-
15(a) (2012). The award shall be in the form of a check payable to petitioner in the amount of
$105,000.00.
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: January 4, 2016 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.

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