VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00928
Package ID: USCOURTS-cofc-1_14-vv-00928
Petitioner: Kirsten McEvoy
Filed: 2014-09-30
Decided: 2015-11-13
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barre Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 151795

AI-assisted case summary:
Kirsten McEvoy filed a petition for compensation under the National Vaccine Injury Compensation Program on September 30, 2014. She alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination. The respondent denied that the vaccine caused GBS or any other injury. The parties reached a settlement, and on September 16, 2015, they filed a joint stipulation agreeing to settle the case. The respondent agreed to pay the petitioner a lump sum of $151,795.27, representing compensation for all damages available under the Vaccine Act. On September 28, 2015, the parties filed a stipulation concerning attorneys' fees and costs, agreeing to an award of $16,014.42. The Chief Special Master, Nora Beth Dorsey, adopted the stipulations and awarded compensation for damages and attorneys' fees and costs. Petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C., and respondent was represented by Ann Donohue Martin of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kirsten McEvoy alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination. Respondent denied causation. The parties reached a stipulation for settlement, and the case was resolved without a detailed discussion of the medical theory of causation or expert testimony in the provided public text. The settlement included a lump sum award of $151,795.27 for damages and $16,014.42 for attorneys' fees and costs, totaling $167,809.69. The decision was issued by Chief Special Master Nora Beth Dorsey on November 13, 2015, based on stipulations filed on September 16, 2015, and September 28, 2015. Petitioner's counsel was John Robert Howie, Jr., and respondent's counsel was Ann Donohue Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00928-0
Date issued/filed: 2015-10-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/16/2015) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00928-UNJ Document 35 Filed 10/20/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-928V
Filed: September 16, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIRSTEN MCEVOY, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza
* Guillain-Barre Syndrome (“GBS”)
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On September 30, 2014, Kirsten McEvoy 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 she suffered Guillain-Barre
Syndrome (“GBS”) as a result of an influenza vaccination. Petition at 1; Stipulation, filed
September 16, 2015, ¶ 4. Petitioner further alleges that she suffered the residual
effects of this condition for more than six months and that she has received no prior
award or settlement for damages as a result of her injury. Stipulation¶¶ 4-5.
“Respondent denies that petitioner’s influenza vaccine caused GBS or any other injury.”
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-00928-UNJ Document 35 Filed 10/20/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
September 16, 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 $151,795.27 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
s/ Nora Beth Dorsey
Nora Beth Dorsey
Chief 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.

CCaassee 11::1144--vvvv--0000992288--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0190//1260//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000992288--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0190//1260//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000992288--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0190//1260//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000992288--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0190//1260//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000992288--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0190//1260//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00928-1
Date issued/filed: 2015-11-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/29/2015) regarding 32 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00928-UNJ Document 36 Filed 11/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-928V
Filed: September 29, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIRSTEN MCEVOY, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas TX, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On September 30, 2014, Kirsten McEvoy 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 alleged that she experienced Guillain-Barre
Syndrome (“GBS”) as a result of an influenza vaccine. On September 16, 2015, I
issued a decision awarding compensation to petitioner based on the parties’ stipulation.
On September 28, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
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), petitioners have 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-00928-UNJ Document 36 Filed 11/13/15 Page 2 of 2
award of $16,014.42. In accordance with General Order #9, petitioner’s counsel
represents that petitioner incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total of $16,014.423 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, John R. Howie, Jr.
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 This amount is 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 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).