VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00784
Package ID: USCOURTS-cofc-1_14-vv-00784
Petitioner: Kristin Lintz
Filed: 2014-08-28
Decided: 2015-08-19
Vaccine: Tdap
Vaccination date: 2012-09-01
Condition: seizure disorder, or a significant aggravation of a pre-existing seizure disorder
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Kristin Lintz filed a petition for compensation under the National Vaccine Injury Compensation Program on August 28, 2014. Petitioner alleged that she suffered from a seizure disorder, or a significant aggravation of a pre-existing seizure disorder, caused by the Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination she received on September 1, 2012. Petitioner also alleged that she experienced residual effects from her injuries for more than six months. The respondent denied that the petitioner's seizure condition, or any other condition, was caused or significantly aggravated by her Tdap vaccination. The parties reached a settlement, and on July 28, 2015, they filed a joint stipulation agreeing to settle the case. As part of the settlement, the respondent agreed to pay petitioner a lump sum of $15,000.00, payable to Kristin Lintz, as compensation for all damages. Special Master Thomas L. Gowen adopted the parties' stipulation and awarded compensation in the agreed-upon amount. Separately, on July 30, 2015, the parties filed a stipulation concerning attorneys' fees and costs. The respondent did not object to the requested amount of $38,481.68 in attorneys' fees and costs. Special Master Gowen found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate. On August 4, 2015, Special Master Gowen awarded a lump sum of $38,481.68, payable jointly to Kristin Lintz and her counsel, Carol L. Gallagher, Esq., for petitioner's attorney fees and costs. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical expert witnesses involved in this case.

Theory of causation field:
Kristin Lintz filed a petition alleging a seizure disorder, or significant aggravation of a pre-existing seizure disorder, caused by a Tdap vaccination received on September 1, 2012. The respondent denied causation. The parties stipulated to settle the case, with the respondent agreeing to pay $15,000.00 for all damages. Petitioner's counsel was Carol Gallagher, Esq., and respondent's counsel was Debra A. Filteau Begley, Esq. Special Master Thomas L. Gowen issued a decision on the stipulation on August 19, 2015. A separate stipulation addressed attorneys' fees and costs, resulting in an award of $38,481.68, payable jointly to petitioner and counsel, awarded by Special Master Gowen on August 26, 2015. The public decision does not specify the theory of causation or any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00784-0
Date issued/filed: 2015-08-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/28/2015) regarding 36 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00784-UNJ Document 45 Filed 08/19/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-784V
Filed: July 28, 2015
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * *
KRISTIN LINTZ, *
*
Petitioner, *
v. * Stipulation; Tdap; Seizures;
* Significant Aggravation
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Carol Gallagher, Esq., Carol L. Gallagher, Esquire, LLC, Linwood, NJ for petitioner.
Debra A. Filteau Begley, Esq., U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Kristin Lintz[“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on August 28, 2014. Petitioner alleges that she
suffered from a seizure disorder, or a significant aggravation of a pre-existing seizure
disorder that was caused in fact by the Tetanus-Diphtheria-acellular Pertussis [Tdap]
vaccination she received on September 1, 2012. See Stipulation, filed July 28, 2015, at
¶¶ 2, 4. Further, petitioner alleges that she experienced residual effects of her injuries
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), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete 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-00784-UNJ Document 45 Filed 08/19/15 Page 2 of 7
for more than six months. Stipulation at ¶ 4. Respondent denies that petitioner’s
seizure condition, or any other condition, was caused or significantly aggravated by her
Tdap vaccination. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On July 28, 2015, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms.
Respondent agrees to pay petitioner:
a. A lump sum of $15,000.00 in the form of a check payable to petitioner,
Kristin Lintz. This amount represents compensation for all damages that
would be available under § 300aa-15(a).
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00784-1
Date issued/filed: 2015-08-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/04/2015) regarding 41 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00784-UNJ Document 46 Filed 08/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-784V
Filed: August 4, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * *
KRISTIN LINTZ, *
*
Petitioner, *
v. * Stipulation; Attorneys’ Fees & Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Carol Gallagher, Esq., Carol L. Gallagher, Esquire, LLC, Linwood, NJ for petitioner.
Debra A. Filteau Begley, Esq., U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued a
decision adopting the parties’ stipulation on July 28, 2015, and awarded compensation to
petitioner. On July 30, 2015, the parties filed a Stipulation of Fact concerning attorneys’
fees and costs. Additionally, pursuant to General Order #9, petitioner’s counsel asserted
that petitioner incurred no personal litigation costs in this matter. Id. at para. 3.
The parties’ stipulation indicates that respondent does not object to the amended
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), petitioner has 14 days to identify and move to delete 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 delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2012).

Case 1:14-vv-00784-UNJ Document 46 Filed 08/26/15 Page 2 of 2
amount of $38,481.68 in attorneys’ fees and cost that petitioner is requesting.
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award:
 A lump sum of $38,481.68 in the form of a check payable jointly to
petitioner and petitioner’s counsel of record, Carol L. Gallagher, Esq.,
for petitioner’s attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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).