VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01147
Package ID: USCOURTS-cofc-1_14-vv-01147
Petitioner: Alton Jerome Lewis
Filed: 2014-11-25
Decided: 2015-11-17
Vaccine: influenza
Vaccination date: 2013-09-04
Condition: Guillain-Barre Syndrome (GBS) and death
Outcome: compensated
Award amount USD: 276184

AI-assisted case summary:
Thalia Monsha Stallworth Lewis, as the personal administrator of the Estate of Alton Jerome Lewis, filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccination on September 4, 2013, caused Mr. Lewis to suffer Guillain-Barre Syndrome (GBS) and death. The respondent denied that the flu vaccine caused Mr. Lewis's alleged GBS, any other injury, or death. Despite the denial, the parties reached a settlement. The court adopted the parties' stipulation, awarding $1,184.00 for past medical expenses payable to the University of Alabama Hospital and $275,000.00 to the Estate of Alton Jerome Lewis for all damages. Subsequently, a separate decision addressed attorney fees and costs, awarding $23,500.00 for attorney fees and $58.60 for out-of-pocket litigation expenses, for a total of $23,558.60. The total compensation awarded in this case was $276,184.00.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01147-0
Date issued/filed: 2015-09-02
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 08/06/2015) regarding 21 DECISION Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01147-UNJ Document 24 Filed 09/02/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1147V
Filed: August 6, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
THALIA MONSHA STALLWORTH *
LEWIS, as personal administrator of the *
Estate of ALTON JEROME LEWIS, *
deceased, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Guillain-
* Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Milton Clay Ragsdale, IV, Birmingham, AL, for petitioner.
Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On November 25, 2014, Thalia Monsha Stallworth Lewis, as the personal
administrator of the Estate of Alton Jerome Lewis [“Mr. Lewis”], deceased, 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 September 4, 2013, Mr. Lewis suffered
Guillain-Barre Syndrome [“GBS”] and death. Petition at 1; Stipulation, filed August 5,
2015, ¶¶ 2, 4. Petitioner further alleges that she has filed no other action on behalf of
Mr. Lewis, and has received no prior award or settlement on behalf of Mr. Lewis for his
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-01147-UNJ Document 24 Filed 09/02/15 Page 2 of 8
injury and death. Petition, ¶ 10; Stipulation, ¶5. “Respondent denies that the flu vaccine
caused Mr. Lewis’ alleged GBS, any other injury, or death.” Stipulation, ¶ 6.
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
August 5, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner as follows:
a. A lump sum of $ 1,184.00, representing reimbursement for past medical
expenses that remain due, in the form of a check payable jointly to petitioner and
University of Alabama Hospital
Patient Financial Services
Attn: Thomas Elmes
619 S. 19th Street, POB 308
Birmingham, AL 35249-6510
Petitioner agrees to endorse this check to the Hospital; and
b. A lump sum of $275,000.00 in the form of a check payable to petitioner as the
legal representative of the Estate of Alton Jerome Lewis.
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-01147-UNJ Document 24 Filed 09/02/15 Page 5 of 8

Case 1:14-vv-01147-UNJ Document 24 Filed 09/02/15 Page 6 of 8

Case 1:14-vv-01147-UNJ Document 24 Filed 09/02/15 Page 7 of 8

Case 1:14-vv-01147-UNJ Document 24 Filed 09/02/15 Page 8 of 8

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01147-1
Date issued/filed: 2015-11-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/27/2015) regarding 29 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01147-UNJ Document 32 Filed 11/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1147V
Filed: October 27, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
THALIA MONSHA STALLWORTH *
LEWIS, as personal administrator of the *
Estate of ALTON JEROME LEWIS, *
deceased, *
Petitioner, *
v. * Attorney Fees and Costs; Stipulation
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for petitioner.
Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On November 25, 2014, Thalia Monsha Stallworth Lewis, as the personal
administrator of the Estate of Alton Jerome Lewis [“Mr. Lewis”], deceased, 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 September 4, 2013, Mr. Lewis suffered
Guillain-Barre Syndrome [“GBS”] and death. Petition at 1. On August 6, 2015, a
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-01147-UNJ Document 32 Filed 11/17/15 Page 2 of 2
decision awarding compensation to petitioner based on the parties’ stipulation was
issued.
On October 27, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $23,500.00 for attorney’s fees and costs and $58.60 for petitioner’s out-of-
pocket litigation expenses. In accordance with General Order #9, petitioner’s counsel
represents that petitioner incurred $58.60 in out-of-pocket expenses in this case.
Stipulation, ¶ 4.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). The proposed amount is reasonable.
Accordingly, I award the total of $23,558.603 as follows:
1. a check in the amount of $23,500.00 jointly payable to petitioner and
petitioner’s counsel M. Clay Ragsdale and
2. A check in the amount of $58.60 solely payable to petitioner.
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).
2