VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00971
Package ID: USCOURTS-cofc-1_14-vv-00971
Petitioner: Frances Keske
Filed: 2014-10-09
Decided: 2015-11-16
Vaccine: influenza
Vaccination date: 2012-10-15
Condition: arm pain
Outcome: compensated
Award amount USD: 20280

AI-assisted case summary:
Frances Keske filed a petition for compensation on October 9, 2014, alleging that she suffered arm pain as a result of an influenza vaccination received on October 15, 2012. She claimed residual effects for more than six months. The respondent denied that the flu vaccine caused her arm pain or any other injury. Despite the denial, the parties reached a settlement. On July 29, 2015, Chief Special Master Denise Kathryn Vowell issued a decision awarding compensation based on a joint stipulation. The respondent agreed to pay petitioner a lump sum of $15,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on October 2, 2015, the parties filed a stipulation concerning attorneys' fees and costs. On November 16, 2015, Chief Special Master Nora Beth Dorsey issued a decision on this stipulation, agreeing to an award of $20,280.22. This amount included $20,095.34 payable jointly to petitioner Frances Keske and her counsel, Anne Toale, and $184.88 payable solely to petitioner for out-of-pocket expenses. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The public decision also does not name any medical experts or detail the specific mechanism of injury.

Theory of causation field:
Petitioner Frances Keske alleged that an influenza vaccination received on October 15, 2012, caused arm pain with residual effects lasting more than six months. The respondent denied causation. The parties reached a settlement, and compensation was awarded based on a joint stipulation. The initial award for damages was $15,000.00, paid as a lump sum to the petitioner. Subsequently, attorneys' fees and costs were stipulated and awarded in the amount of $20,280.22, comprising $20,095.34 jointly to petitioner and counsel Anne Toale, and $184.88 solely to petitioner for out-of-pocket expenses. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00971-0
Date issued/filed: 2015-09-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/29/2015) regarding 26 DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00971-UNJ Document 30 Filed 09/02/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-971V
Filed: July 29, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
FRANCES KESKE, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Arm Pain;
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Maglio Christopher and Toale, Sarasota, FL., for petitioner.
Linda Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On October 9, 2014, Frances Keske 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 as the result of an influenza [“flu”]
vaccination on October 15, 2012, she suffered arm pain. Petition, ¶ 2-3; Stipulation,
filed July 28, 2015, ¶¶ 2, 4. Petitioner further alleges that she experienced the residual
effects of this injury for more than six months, has filed no other action for this injury,
and has received no prior award or settlement for this injury. Petition, ¶¶ 10, 12-13;
Stipulation, ¶¶ 4-5. “Respondent denies that the flu vaccine caused petitioner’s arm
pain, or any other injury, and denies that her current disabilities are sequelae of a
vaccine-related 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-00971-UNJ Document 30 Filed 09/02/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
July 28, 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 $15,000.00 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/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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Case 1:14-vv-00971-UNJ Document 30 Filed 09/02/15 Page 5 of 7

Case 1:14-vv-00971-UNJ Document 30 Filed 09/02/15 Page 6 of 7

Case 1:14-vv-00971-UNJ Document 30 Filed 09/02/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00971-1
Date issued/filed: 2015-11-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/05/2015) regarding 38 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00971-UNJ Document 41 Filed 11/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-971V
Filed: October 5, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
FRANCES KESKE, *
*
Petitioner, * Attorneys’ Fees and Costs; Stipulation;
* Special Processing Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Linda Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On October 9, 2014, Frances Keske 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 as the result of an influenza [“flu”]
vaccination on October 15, 2012, she suffered arm pain. Petition, ¶¶ 2-3. On July 29,
2015, a decision issued awarding compensation to petitioner based on the parties’
Stipulation.
On October 2, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties agree upon an award of
$20,280.22. In accordance with General Order #9, petitioner’s counsel represents that
petitioner personally incurred $184.88 in out-of-pocket expenses.
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-00971-UNJ Document 41 Filed 11/16/15 Page 2 of 2
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, an award should be made as follows:
1. $20,095.34 in the form of a check jointly payable to petitioner and
petitioner’s counsel, Anne Carrion Toale, Esq; and
2. $184.88 in the form of a check solely payable to petitioner. 3
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