VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00902
Package ID: USCOURTS-cofc-1_14-vv-00902
Petitioner: Michael Antros
Filed: 2015-06-10
Decided: 2015-06-10
Vaccine: influenza
Vaccination date: 2012-11-06
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Michael Antros filed a petition on June 10, 2015, alleging that he suffered from brachial neuritis caused by an influenza vaccine he received on November 6, 2012. He further alleged that he experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's alleged injuries or current condition. The parties, represented by Tara C. O’Mahoney for the petitioner and Althea W. Davis for the respondent, reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. On June 10, 2015, the court adopted the stipulation and awarded Michael Antros $75,000.00 in compensation for all damages. This award was to be paid as a check for $75,000.00 made payable to the petitioner. Separately, on June 15, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Petitioner's counsel asserted that the petitioner incurred no costs. Petitioner's application for attorneys' fees and costs was initially met with objections from the respondent. Following informal discussions and amendments to the application, the parties agreed on an amount of $11,225.68. Special Master Millman found this amount to be reasonable and awarded $11,225.68 for attorneys' fees and costs. This award was to be paid as a check made payable jointly to the petitioner and the Law Offices of Chicago-Kent College of Law. The public decision does not describe the specific onset of symptoms, clinical details of the brachial neuritis, diagnostic tests performed, treatments received, or the specific mechanism of causation.

Theory of causation field:
Petitioner Michael Antros alleged that his brachial neuritis was caused by an influenza vaccine administered on November 6, 2012, and that he experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. The public decision does not detail the specific theory of causation, the mechanism of injury, expert testimony, or any medical evidence presented. The case was resolved via stipulation, resulting in an award of $75,000.00 for all damages and $11,225.68 for attorneys' fees and costs, as decided by Special Master Laura D. Millman on June 10, 2015, and June 15, 2015, respectively. Attorneys for the petitioner were Tara C. O’Mahoney, and for the respondent was Althea W. Davis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00902-0
Date issued/filed: 2015-07-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/10/15) regarding 16 DECISION Stipulation/Proffer. Signed by Special Master Laura D Millman. (LJG) Copy to parties.
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Case 1:14-vv-00902-UNJ Document 22 Filed 07/01/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-902V
Filed: June 10, 2015
Not for Publication
*************************************
MICHAEL ANTROS, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; brachial neuritis
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Tara C. O’Mahoney, Chicago, IL, for petitioner.
Althea W. Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On June 10, 2015, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that he suffered from brachial
neuritis that was caused by his receipt of influenza (“flu”) vaccine on November 6, 2012. He
further alleges that he experienced the residual effects of this injury for more than six months.
Respondent denies that the flu vaccine caused petitioner’s alleged injuries, any other injury, or his
current condition. 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’ 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-00902-UNJ Document 22 Filed 07/01/15 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
$75,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $75,000.00 made payable to
petitioner.
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: June 10, 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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Case 1:14-vv-00902-UNJ Document 22 Filed 07/01/15 Page 5 of 7

Case 1:14-vv-00902-UNJ Document 22 Filed 07/01/15 Page 6 of 7

Case 1:14-vv-00902-UNJ Document 22 Filed 07/01/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00902-1
Date issued/filed: 2015-07-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/15/15) regarding 19 DECISION Fees Stipulation/Proffer. Signed by Special Master Laura D Millman. (LJG) Copy to parties.
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Case 1:14-vv-00902-UNJ Document 23 Filed 07/06/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-902V
Filed: June 15, 2015
Not for Publication
*************************************
MICHAEL ANTROS, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Tara C. O’Mahoney, Chicago, IL, for petitioner.
Althea W. Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On June 12, 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 General Order #9, petitioner’s counsel asserts that petitioner did not
incur any costs in pursuit of his petition. Petitioner submitted his request for attorneys’ fees and
costs to respondent. During informal discussions, respondent raised objections to certain aspects
of petitioner’s application. Based on these objections, petitioner amends his application for
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-00902-UNJ Document 23 Filed 07/06/15 Page 2 of 2
attorneys’ fees and costs to $11,225.68. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $11,225.68,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Law Offices of Chicago-Kent College of Law for
$11,225.68.
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: June 15, 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