VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00800
Package ID: USCOURTS-cofc-1_14-vv-00800
Petitioner: Ramona Mary Mestas
Filed: 2014-09-02
Decided: 2015-11-03
Vaccine: influenza
Vaccination date: 2011-08-31
Condition: Guillain-Barré syndrome (“GBS”)
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Ramona Mary Mestas filed a petition on September 2, 2014, alleging that an influenza vaccine she received on August 31, 2011, caused her to develop Guillain-Barré syndrome (GBS) and experience residual effects for more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied that the vaccine caused petitioner's alleged GBS or any other injury. The parties reached a stipulation regarding compensation, which Special Master Christian J. Moran adopted as the Court's decision on September 29, 2015. Under the stipulation, Ms. Mestas was awarded a lump sum of $25,000.00, payable to her, as compensation for all damages. Subsequently, on October 1, 2015, the parties filed a joint stipulation concerning attorneys' fees and costs. Respondent did not object to petitioner's request for $5,591.70 in attorneys' fees and costs. Special Master Christian J. Moran awarded a lump sum of $5,991.70, payable to petitioner and her attorney, Stephen I. Leshner, for attorneys' fees and litigation costs. Additionally, a lump sum of $400.00 was awarded, payable to Ramona Mary Mestas, for her out-of-pocket costs. The total award for attorneys' fees and costs was $6,391.70. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Ramona Mary Mestas alleged that an influenza vaccine received on August 31, 2011, caused Guillain-Barré syndrome (GBS), an injury listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation, which Special Master Christian J. Moran adopted on September 29, 2015, awarding Ms. Mestas $25,000.00 for all damages. A subsequent stipulation for attorneys' fees and costs was filed on October 1, 2015, and Special Master Christian J. Moran awarded $5,991.70 for attorneys' fees and costs and $400.00 for petitioner's out-of-pocket costs, totaling $6,391.70. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00800-0
Date issued/filed: 2015-10-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/29/2015) regarding 28 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00800-UNJ Document 37 Filed 10/26/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
RAMONA MARY MESTAS, * No. 14-800V
*
Petitioner, * Special Master Moran
*
v. * Filed: September 29, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Stephen I. Leshner, P.C., Phoenix, AZ, for Petitioner;
Camille Collett, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On September 4, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Ramona Mary Mestas on September 2, 2014. In
her petition, Ms. Mestas alleged that the influenza vaccine, which is contained in
the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she
received on August 31, 2011, caused her to develop Guillain-Barré syndrome
(“GBS”). Petitioner further alleges that she experienced the residual effects of this
condition for more than six months. Petitioner represents that there has been no
prior award or settlement of a civil action for damages as a result of her condition.
Respondent denies that the influenza immunization is the cause of
petitioner’s alleged GBS or any other injury or condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00800-UNJ Document 37 Filed 10/26/15 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation to be reasonable and adopts
it as the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $25,000.00 in the form of a check payable to petitioner,
Ramona Mary Mestas. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 14-800V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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Case 1:14-vv-00800-UNJ Document 37 Filed 10/26/15 Page 5 of 7

Case 1:14-vv-00800-UNJ Document 37 Filed 10/26/15 Page 6 of 7

Case 1:14-vv-00800-UNJ Document 37 Filed 10/26/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00800-1
Date issued/filed: 2015-11-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/01/2015) regarding 32 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00800-UNJ Document 38 Filed 11/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
RAMONA MARY MESTAS, * No. 14-800V
*
Petitioner, * Special Master Christian J. Moran
*
* Filed: October 1, 2015
v. *
* Attorneys’ fees and costs; award in
SECRETARY OF HEALTH * the amount to which respondent does
AND HUMAN SERVICES, * not object.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Stephen I. Leshner, P.C., Phoenix, AZ, for Petitioner;
Camille Collett, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On September 4, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Petitioner submitted a
draft final Application for Attorneys’ Fees and Costs (Application) to respondent
requesting a total of $5,591.70, an amount to which respondent does not object.
The Court awards this amount.
On September 2, 2014, Ramona Mary Mestas filed a petition for
compensation alleging that influenza vaccine, which she received on August 31,
2011, caused her to develop Guillain-Barré syndrome (“GBS”). Petitioner
received compensation based upon the parties’ stipulation. Decision, filed
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00800-UNJ Document 38 Filed 11/03/15 Page 2 of 2
September 29, 2015. Because petitioner received compensation, she is entitled to
an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $4,470.00 in attorneys’ fees and $1,121.70 in
attorneys’ costs for her counsel. In compliance with General Order No. 9,
petitioner’s counsel herein attests that petitioner incurred out-of-pocket costs while
pursuing this claim. Respondent has no objection to the amount requested for
attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $5,991.70, in the form of a check made payable to
petitioner and petitioner’s attorney, Stephen Leshner, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-
15(e).
b. A lump sum of $400.00, payable to petitioner, Ramona Mary Mestas,
for costs she incurred in pursuit of her petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2