VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01160
Package ID: USCOURTS-cofc-1_14-vv-01160
Petitioner: Misty Fankell
Filed: 2015-10-01
Decided: 2016-01-07
Vaccine: influenza
Vaccination date: 2013-10-15
Condition: Bell's palsy
Outcome: compensated
Award amount USD: 67980

AI-assisted case summary:
Misty Fankell filed a petition for compensation on October 1, 2015, alleging that the influenza vaccine she received on October 15, 2013, caused her to develop Bell's palsy and that she suffered residual effects for more than six months. The respondent denied that the vaccine caused her condition or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. The parties ultimately reached a stipulation, which Special Master Christian J. Moran adopted as the decision of the Court. The stipulation awarded Ms. Fankell a lump sum of $50,000.00 for all damages. Subsequently, on November 23, 2015, Ms. Fankell filed a stipulation for attorneys' fees and costs. The respondent did not object to the requested amount of $17,980.53. The Court awarded this amount, resulting in a total compensation of $67,980.53, paid as a lump sum check to petitioner Misty Fankell and her attorney, Amber D. Wilson, Esq. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. The theory of causation is based on the Vaccine Injury Table.

Theory of causation field:
Petitioner Misty Fankell alleged that the influenza vaccine received on October 15, 2013, caused Bell's palsy, with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to compensation. The Special Master adopted the stipulation, awarding $50,000.00 for damages and $17,980.53 for attorneys' fees and costs, for a total of $67,980.53. The theory of causation is based on the Vaccine Injury Table. No specific medical experts or detailed mechanism of injury were described in the public decision. The decision was issued by Special Master Christian J. Moran on January 7, 2016, based on stipulations filed by petitioner's counsel Amber D. Wilson and respondent's counsel Lisa A. Watts.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-01160-0
Date issued/filed: 2015-11-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/01/2015) regarding 29 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01160-UNJ Document 33 Filed 11/03/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MISTY FANKELL, * No. 14-1160V
* Special Master Moran
Petitioner, *
* Filed: October 1, 2015
v. *
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Bell’s palsy.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio, Christopher & Toale, PA, Washington, DC, for
Petitioner;
Lisa A. Watts, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On September 25, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Misty Fankell on December 1, 2014. In her
petition, Ms. Fankell alleged that the influenza (“flu”) vaccine, which is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she
received on October 15, 2013, caused her to developed Bell’s palsy. Petitioner
further alleges that she suffered the residual effects of her injuries for more than six
months. 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.
Respondent denies that the flu vaccine caused petitioner’s Bell’s palsy, or
any other injury, and further denies that petitioner’s current disabilities are
sequelae of a vaccine-related injury.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-01160-UNJ Document 33 Filed 11/03/15 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $50,000.00 in the form of a check payable to petitioner,
Misty Fankell. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 14-1160V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:14-vv-01160-UNJ Document 33 Filed 11/03/15 Page 3 of 7

Case 1:14-vv-01160-UNJ Document 33 Filed 11/03/15 Page 4 of 7

Case 1:14-vv-01160-UNJ Document 33 Filed 11/03/15 Page 5 of 7

Case 1:14-vv-01160-UNJ Document 33 Filed 11/03/15 Page 6 of 7

Case 1:14-vv-01160-UNJ Document 33 Filed 11/03/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-01160-1
Date issued/filed: 2016-01-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/30/2015) regarding 36 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01160-UNJ Document 39 Filed 01/07/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MISTY FANKELL, * No. 14-1160V
* Special Master Moran
Petitioner, *
* Filed: November 30, 2015
v. *
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio, Christopher & Toale, PA, Washington, DC, for
Petitioner;
Lisa A. Watts, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On November 23, 2015, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $17,980.53, an amount to which respondent does not object.
The Court awards this amount.
On December 1, 2014, Misty Fankell filed a petition for compensation
alleging that the influenza (“flu”) vaccine, which she received on October 15,
2013, caused her to develop Bell’s palsy. Petitioner received compensation based
upon the parties’ stipulation. Decision, issued Oct. 1, 2015. Because petitioner
received compensation, she is entitled to an award of attorneys’ fees and costs. 42
U.S.C. § 300aa-15(e).
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this ruling on its website. Pursuant to Vaccine Rule 18(b), the
party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-01160-UNJ Document 39 Filed 01/07/16 Page 2 of 2
Petitioner seeks a total of $17,980.53 in attorneys’ fees and costs. In
compliance with General Order No. 9, petitioner has not incurred any costs in
pursuit of the claim. Respondent has no objection to the amount requested for
attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $17,980.53 in the form of a check made payable to
petitioner and petitioner’s attorney, Amber D. Wilson, Esq., of
Maglio, Christopher & Toale, PA, for attorneys’ fees and other
litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2