VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00943
Package ID: USCOURTS-cofc-1_14-vv-00943
Petitioner: Kimberly Silvey
Filed: 2014-10-06
Decided: 2016-05-06
Vaccine: influenza
Vaccination date: 2014-02-03
Condition: Guillain-Barre Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 122800

AI-assisted case summary:
Kimberly Silvey filed a petition for compensation under the National Vaccine Injury Compensation Program on October 6, 2014, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of her influenza vaccination on February 3, 2014. She further alleged residual effects from the injury for over six months. Respondent denied that the flu vaccine caused her GBS or any other injury. Despite the denial, the parties filed a joint stipulation on November 18, 2015, agreeing to an award of compensation. The court found the stipulation reasonable and awarded Kimberly Silvey a lump sum of $100,000.00 for all items of damages. Subsequently, on February 8, 2016, the parties filed another stipulation regarding attorneys' fees and costs, agreeing to an award of $22,800.00. The court granted this request, awarding the total amount jointly to petitioner and her counsel. The final decision date for attorneys' fees and costs was May 6, 2016.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00943-0
Date issued/filed: 2016-01-19
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/18/2015) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00943-UNJ Document 34 Filed 01/19/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-943V
Filed: November 18, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIMBERLY SILVEY, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccination;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, PC, Memphis, TN, for
petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 6, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that she suffered Guillain-Barre Syndrome (“GBS”),
and other injuries, as a result of her February 3, 2014 influenza vaccination. Petition at
1; Stipulation, filed 11/18/2015, ¶¶ 2, 4. Petitioner further alleges that she has suffered
the residual effects of this injury for over six months, and that she has neither filed a civil
action nor received any compensation for this injury. Petition, ¶¶ 28-29; Stipulation, ¶¶
4-5. “Respondent denies that the flu vaccine caused petitioner’s GBS or any other
injury and further denies that her current disabilities are a sequela of a vaccine-related
injury. ” Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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-00943-UNJ Document 34 Filed 01/19/16 Page 2 of 8
Nevertheless, on November 18, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $100,000.00 in the form of a check payable to petitioner.
Stipulation, ¶ 8. This amount represents compensation for all items of damages
that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

CCaassee 11::1144--vvvv--0000994433--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 1011//1189//1156 PPaaggee 13 ooff 68

CCaassee 11::1144--vvvv--0000994433--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 1011//1189//1156 PPaaggee 24 ooff 68

CCaassee 11::1144--vvvv--0000994433--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 1011//1189//1156 PPaaggee 35 ooff 68

CCaassee 11::1144--vvvv--0000994433--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 1011//1189//1156 PPaaggee 46 ooff 68

CCaassee 11::1144--vvvv--0000994433--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 1011//1189//1156 PPaaggee 57 ooff 68

CCaassee 11::1144--vvvv--0000994433--UUNNJJ DDooccuummeenntt 2394 FFiilleedd 1011//1189//1156 PPaaggee 68 ooff 68

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00943-1
Date issued/filed: 2016-05-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/10/2016) regarding 36 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00943-UNJ Document 39 Filed 05/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-943V
Filed: February 10, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIMBERLY SILVEY, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, PC, Memphis, TN, for
petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On October 6, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleged that she suffered Guillain-Barre Syndrome (“GBS”),
and other injuries, as a result of her February 3, 2014 influenza vaccination. Petition at
1; Stipulation, filed November 18, 2015, ¶¶ 2, 4. On November 18, 2015, the
undersigned issued a decision awarding compensation to petitioner based on the
parties’ stipulation.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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-00943-UNJ Document 39 Filed 05/06/16 Page 2 of 2
On February 8, 2016, the parties filed a Stipulation of Facts Regarding Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to an award of
$22,800.00. 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). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $22,800.003 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel,
William E. Cochran, 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 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2