VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00745
Package ID: USCOURTS-cofc-1_14-vv-00745
Petitioner: Kathleen Farina
Filed: 2014-08-19
Decided: 2016-01-19
Vaccine: influenza
Vaccination date: 2012-10-11
Condition: Guillain Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 87000

AI-assisted case summary:
Kathleen Farina filed a petition for compensation under the National Vaccine Injury Compensation Program on August 19, 2014, alleging that an influenza vaccination on October 11, 2012, caused her to suffer from Guillain Barre Syndrome (GBS). She further alleged residual effects for more than six months and no prior award or settlement. Respondent denied that the flu vaccine caused her GBS or any other injury. Despite the denial, the parties filed a joint stipulation agreeing to settle the case. Respondent agreed to pay Kathleen Farina a lump sum of $87,000.00 as compensation for all damages. Special Master Denise Kathryn Vowell adopted the parties' stipulation on September 30, 2015. A subsequent decision on January 19, 2016, by Chief Special Master Nora Beth Dorsey, awarded attorneys' fees and costs totaling $17,195.00 for attorney and paralegal fees, and $400.00 for petitioner's out-of-pocket costs, based on a stipulation of facts concerning attorneys' fees and costs. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Kathleen Farina alleged that an influenza vaccination on October 11, 2012, caused her to suffer from Guillain Barre Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation to settle the case. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Compensation was awarded based on the stipulation. Special Master Denise Kathryn Vowell issued a decision on September 30, 2015, awarding a lump sum of $87,000.00. Chief Special Master Nora Beth Dorsey awarded attorneys' fees and costs totaling $17,195.00 for attorney and paralegal fees and $400.00 for petitioner's out-of-pocket costs on January 19, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00745-0
Date issued/filed: 2015-09-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/09/2015) regarding 49 DECISION Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00745-UNJ Document 53 Filed 09/30/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-745V
Filed: September 9, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KATHLEEN FARINA, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Guillain
* Barre Syndrome (“GBS”); Special
SECRETARY OF HEALTH * Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Rick Shoenfield, DiVincenzo, Schoenfield, and Swartzman, Chicago, IL, for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Special Master:
On August 19, 2014, Kathleen Farina 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 as the result of an influenza [“flu”]
vaccination on October 11, 2012, she suffered from Guillain Barre Syndrome [“GBS”].
Petition, at 1; Stipulation, filed September 8, 2015, ¶¶ 2, 4. Petitioner further alleges
that she experienced the residual effects of this injury for more than six months, and
that she has received no prior award or settlement for this injury. See Petition, ¶¶ 5-6;
Stipulation, ¶ 5. “Respondent denies that the flu vaccine caused petitioner’s alleged
GBS, any other injury, or her current disabilities.” 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 (2012).

Case 1:14-vv-00745-UNJ Document 53 Filed 09/30/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
September 8, 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 $87,000.00 in the form of a
check payable to petitioner. 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
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00745-1
Date issued/filed: 2016-01-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/13/2015) regarding 59 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties.
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Case 1:14-vv-00745-UNJ Document 61 Filed 01/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-745V
Filed: November 13, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
KATHLEEN FARINA, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Rick M. Schoenfield, DiVincenzo, Schoenfield, and Swartzman, Chicago, IL, for
petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On August 19, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleged that as the result of an influenza [“flu”] vaccination on
October 11, 2012, she suffered from Guillain Barre Syndrome [“GBS”]. On September
9, 2015, a decision issued awarding compensation to petitioner based on the parties’
stipulation.
On November 13, 2015, the parties filed a Stipulation of Facts Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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-00745-UNJ Document 61 Filed 01/19/16 Page 2 of 2
award of $ 17,195.00 representing all attorney and paralegal fees and costs, and an
award of $400.00 representing petitioner’s personally incurred out-of-pockets costs.
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:
1. $17,195.00 in the form of a check jointly payable to petitioner and
petitioner’s counsel, Rick Schoenfield; and
2. $400.00 in the form of a check solely payable to petitioner. 3
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 These amounts are 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).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2