VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00751
Package ID: USCOURTS-cofc-1_14-vv-00751
Petitioner: Melissa Walter
Filed: 2015-11-02
Decided: 2015-11-02
Vaccine: influenza
Vaccination date: 2011-11-01
Condition: small fiber neuropathy
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Melissa Walter filed a petition alleging that she suffered small fiber neuropathy caused by an influenza vaccine she received on November 1, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition. Despite the denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation and awarded Melissa Walter $25,000.00 in compensation for all damages, payable as a check to the petitioner. This award was based on a stipulation filed on November 2, 2015. Subsequently, on November 18, 2015, the parties filed a separate stipulation regarding attorneys' fees and costs. Special Master Millman awarded $19,300.00 for attorneys' fees and costs, payable jointly to Melissa Walter and her attorneys, Maglio Christopher & Toale, PA. The case was resolved through these stipulations, resulting in compensation for the petitioner.

Theory of causation field:
Petitioner Melissa Walter alleged that she suffered small fiber neuropathy caused by her November 1, 2011 receipt of an influenza vaccine. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, diagnostic tests, or treatments. The case was resolved via stipulation, with an award of $25,000.00 for damages and $19,300.00 for attorneys' fees and costs. The decision date for damages was November 2, 2015, and for fees was November 18, 2015. Petitioner was represented by Diana S. Sedar, and respondent was represented by Michael P. Milmoe.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00751-0
Date issued/filed: 2015-11-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/02/2015) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:14-vv-00751-UNJ Document 35 Filed 11/23/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-751V
Filed: November 2, 2015
Not for Publication
*************************************
MELISSA WALTER, *
*
Damages decision based on
Petitioner, *
stipulation; small fiber neuropathy;
*
influenza (“flu”) vaccine
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Diana S. Sedar, Sarasota, FL, for petitioner.
Michael P. Milmoe, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On November 2, 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 small fiber
neuropathy, which was caused by her November 1, 2011 receipt of influenza (“flu”) vaccine.
Respondent denies that the flu vaccine caused petitioner’s small fiber neuropathy 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-00751-UNJ Document 35 Filed 11/23/15 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$25,000.00, 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 $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 2, 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.

Case 1:14-vv-00751-UNJ Document 35 Filed 11/23/15 Page 3 of 7

Case 1:14-vv-00751-UNJ Document 35 Filed 11/23/15 Page 4 of 7

Case 1:14-vv-00751-UNJ Document 35 Filed 11/23/15 Page 5 of 7

Case 1:14-vv-00751-UNJ Document 35 Filed 11/23/15 Page 6 of 7

Case 1:14-vv-00751-UNJ Document 35 Filed 11/23/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00751-1
Date issued/filed: 2015-12-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/18/2015) regarding 32 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:14-vv-00751-UNJ Document 38 Filed 12/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-751V
Filed: November 18, 2015
Not for Publication
*************************************
MELISSA WALTER, *
*
Attorneys’ fees and costs decision
Petitioner, *
based on stipulation of fact
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Diana S. Sedar, Sarasota, FL, for petitioner.
Michael P. Milmoe, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On November 18, 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
application for attorneys’ fees and costs to $19,300.00. Respondent does not object to this
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-00751-UNJ Document 38 Filed 12/09/15 Page 2 of 2
amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards
$19,300.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the
form of a check payable jointly to petitioner and Maglio Christopher & Toale, PA in the amount
of $19,300.00.
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 18, 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