VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01132
Package ID: USCOURTS-cofc-1_14-vv-01132
Petitioner: Judith Rosenfield
Filed: 2015-12-01
Decided: 2016-09-26
Vaccine: influenza
Vaccination date: 2011-11-15
Condition: Guillain-Barre Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Judith Rosenfield filed a petition for compensation under the National Vaccine Injury Compensation Program on November 20, 2014. She alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination she received on November 15, 2011. Ms. Rosenfield further alleged that she experienced residual effects from the injury for over six months and had not received any prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Rosenfield's GBS or any other injury or disability. Despite the respondent's denial, the parties filed a joint stipulation for compensation on November 30, 2015. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The parties stipulated that Ms. Rosenfield would receive a lump sum of $80,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act. Following this decision, on December 11, 2015, the parties filed a stipulation concerning attorneys' fees and costs. They agreed to an award of $16,493.20. Chief Special Master Dorsey granted this request, awarding the total amount as a lump sum payable jointly to Judith Rosenfield and her counsel, Howard Scott Gold of Gold Law Firm, LLC. The case was resolved through these stipulations and decisions.

Theory of causation field:
Petitioner Judith Rosenfield alleged that her November 15, 2011, influenza vaccination caused Guillain-Barre Syndrome (GBS). The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $80,000.00 for all damages. Subsequently, a stipulation for attorneys' fees and costs was filed and granted, awarding $16,493.20 jointly to petitioner and her counsel, Howard Scott Gold. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the theory of causation, as the case was resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01132-0
Date issued/filed: 2016-04-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/01/2015) regarding 31 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01132-UNJ Document 39 Filed 04/06/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1132V
Filed: December 1, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JUDITH ROSENFIELD, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccination;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 20, 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”) as
a result of her November 15, 2011 influenza vaccination. Petition at 1; Stipulation, filed
November 30, 2015, ¶¶ 2, 4. Petitioner further alleges that she has suffered the
residual effects of this injury for over six months, and that she has received no prior
award or settlement of a civil action for this injury. Petition, ¶12; Stipulation, ¶¶ 4-5.
“Respondent denies that the flu vaccine caused petitioner’s alleged GBS, any other
injury, or her current disabilities. ” Stipulation, ¶ 6.
Nevertheless, on November 30, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-01132-UNJ Document 39 Filed 04/06/16 Page 2 of 7
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 $80,000.00 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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01132-1
Date issued/filed: 2016-04-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/01/2015) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01132-UNJ Document 40 Filed 04/27/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1132V
Filed: December 1, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JUDITH ROSENFIELD, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccination;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 20, 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”) as
a result of her November 15, 2011 influenza vaccination. Petition at 1; Stipulation, filed
November 30, 2015, ¶¶ 2, 4. Petitioner further alleges that she has suffered the
residual effects of this injury for over six months, and that she has received no prior
award or settlement of a civil action for this injury. Petition, ¶12; Stipulation, ¶¶ 4-5.
“Respondent denies that the flu vaccine caused petitioner’s alleged GBS, any other
injury, or her current disabilities. ” Stipulation, ¶ 6.
Nevertheless, on November 30, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-01132-UNJ Document 40 Filed 04/27/16 Page 2 of 7
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 $80,000.00 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--0011113322--UUNNJJ DDooccuummeenntt 3400 FFiilleedd 1014//3207//1156 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0011113322--UUNNJJ DDooccuummeenntt 3400 FFiilleedd 1014//3207//1156 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0011113322--UUNNJJ DDooccuummeenntt 3400 FFiilleedd 1014//3207//1156 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0011113322--UUNNJJ DDooccuummeenntt 3400 FFiilleedd 1014//3207//1156 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0011113322--UUNNJJ DDooccuummeenntt 3400 FFiilleedd 1014//3207//1156 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_14-vv-01132-2
Date issued/filed: 2016-09-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/14/2015) regarding 36 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01132-UNJ Document 41 Filed 09/26/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1132V
Filed: December 14, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JUDITH ROSENFIELD, *
*
Petitioner, * Attorneys’ Fees and Costs; Stipulation
* Special Processing Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On November 20, 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”) as
a result of her November 15, 2011 influenza vaccination. Petition at 1; Stipulation, filed
November 30, 2015, ¶¶ 2, 4. On December 1, 2015, the undersigned issued a decision
awarding compensation to petitioner based on the parties’ Stipulation.
On December 11, 2015, the parties filed a Stipulation of Fact Concerning Final
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $16,493.20. In accordance with General Order #9, petitioner’s counsel
represents that petitioner incurred no out-of-pocket expenses.
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-01132-UNJ Document 41 Filed 09/26/16 Page 2 of 2
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 $16,493.203 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel ,
Howard S. Gold.
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