VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00970
Package ID: USCOURTS-cofc-1_14-vv-00970
Petitioner: Betty West
Filed: 2014-10-09
Decided: 2015-11-13
Vaccine: influenza
Vaccination date: 2013-10-05
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 238969

AI-assisted case summary:
Betty West filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2014. She alleged that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on October 5, 2013. Ms. West further alleged that she experienced residual effects of GBS for more than six months and continues to suffer from her injury. The respondent denied that the influenza vaccination caused petitioner's GBS or any other injury. The parties, however, reached a settlement. On July 23, 2015, Chief Special Master Denise Kathryn Vowell issued a decision awarding damages based on a joint stipulation. The settlement included a lump sum payment of $225,000.00 to Ms. West for all damages available under the Vaccine Act. Subsequently, on November 13, 2015, Chief Special Master Nora Beth Dorsey issued a decision on attorneys' fees and costs. Based on a stipulation between the parties, an additional $13,969.80 was awarded for attorneys' fees and costs, jointly payable to Ms. West and her counsel, Amber Wilson of Maglio Christopher & Toale, PA. This brought the total compensation to $238,969.00. The case was processed as a Table claim. Petitioner was represented by Amber Wilson, Esq., and respondent was represented by Christine Becer, Esq. The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests, treatments, or the specific mechanism of causation.

Theory of causation field:
Petitioner Betty West alleged that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on October 5, 2013. The case was processed as a Table claim. The respondent denied causation. The parties reached a settlement, and a decision awarding damages was issued on July 23, 2015, granting a lump sum of $225,000.00. A subsequent decision on November 13, 2015, awarded $13,969.80 for attorneys' fees and costs, bringing the total compensation to $238,969.00. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings beyond the alleged GBS diagnosis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00970-0
Date issued/filed: 2015-08-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/23/2015) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00970-UNJ Document 27 Filed 08/26/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-970V
Filed: July 23, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BETTY WEST, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza Vaccine or Flu Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”);
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Esq., Maglio Christopher and Toale, PA, (DC) Washington, DC, for
petitioner.
Christine Becer, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On October 9, 2014, Betty West 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-Barré
syndrome (GBS) resulting from the influenza vaccine she received on October 5, 2013.
Petition, ¶¶ 1, 13-14; Stipulation, filed July 23, 2015, ¶¶ 2, 4. Petitioner further alleges
that she experienced the residual effects of GBS for more than six months and
continues to suffer the effects of her injury. Petition, ¶¶ 13, 15. Respondent denies that
the influenza vaccination caused petitioner’s 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 (2006).

Case 1:14-vv-00970-UNJ Document 27 Filed 08/26/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
July 23, 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 $225,000.00 in the form of a
check payable to petitioner, Betty West. 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/Denise K. Vowell
Denise K. Vowell
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.
2

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
BETTY WEST, )
)
)
Petitioner, )
) No. 14-970V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Betty West, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine Program”).
The petition seeks compensation for injuries allegedly related to petitioner’s receipt of an
influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”),
42 C.F.R. § 100.3 (a).
2. Petitioner received the influenza immunization on October 5, 2013.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered from Guillain-Barré Syndrome (“GBS”) as a result
of receiving the influenza vaccine.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that the influenza vaccine caused petitioner to suffer from GBS or
any other injury.

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7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $225,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
2

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12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccination administered on October 5,
2013, as alleged by petitioner in a petition for vaccine compensation filed on or about October 9,
2014, in the United States Court of Federal Claims as petition No. 14-970V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
3

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16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner to have
GBS or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00970-1
Date issued/filed: 2015-11-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/02/2015) regarding 31 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00970-UNJ Document 34 Filed 11/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-0970V
Filed: October 2, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
BETTY WEST, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On October 9, 2014, Betty West (“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 from Guillain-Barré
syndrome (GBS) as a result of an influenza (flu) vaccine she received on October 5,
2013. Petition at 1, 13-14. On July 23, 2015, the undersigned issued a decision
awarding compensation to petitioner based on the parties’ stipulation.
On October 2, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to an award to
petitioner of attorneys’ fees and costs in the amount of $13,969.80. In accordance with
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-00970-UNJ Document 34 Filed 11/13/15 Page 2 of 2
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 $13,969.80,3 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel,
Amber Wilson of the law firm of Maglio Christopher & Toale, PA.
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).
2