VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01172
Package ID: USCOURTS-cofc-1_14-vv-01172
Petitioner: Cindy Scheiter
Filed: 2014-12-05
Decided: 2015-12-28
Vaccine: influenza
Vaccination date: 2011-12-08
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 5000

AI-assisted case summary:
Cindy Scheiter filed a petition on December 5, 2014, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on December 8, 2011. She further alleged that she experienced residual effects of the injury for more than six months. The respondent denied that petitioner had GBS and denied that the flu vaccine caused her alleged injury or current condition. Nevertheless, the parties filed a joint stipulation on December 4, 2015, agreeing that a decision should be entered awarding compensation. Special Master Thomas L. Gowen approved the stipulation, finding it reasonable. Petitioner was awarded a lump sum of $5,000.00 for all damages available under the program. Separately, the parties stipulated to an award of $14,250.00 for attorneys' fees and costs, which Special Master Gowen also approved. The clerk of the court was ordered to enter judgment in accordance with the terms of the stipulation. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Lara A. Englund of the United States Department of Justice.

Theory of causation field:
Petitioner Cindy Scheiter alleged that she developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on December 8, 2011, and experienced residual effects for more than six months. Respondent denied GBS and causation. The parties filed a joint stipulation for compensation, agreeing to an award of $5,000.00 for all damages. Attorneys' fees and costs were stipulated at $14,250.00. Special Master Thomas L. Gowen approved the stipulation and awarded the compensation and fees. The public decision does not describe the specific mechanism of causation, clinical details of the alleged GBS, expert testimony, or the specific terms of the damages award beyond the lump sum amount.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01172-0
Date issued/filed: 2015-12-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/04/2015) regarding 34 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-01172-UNJ Document 40 Filed 12/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1172V
Filed: December 4, 2015
* * * * * * * * * * * * * UNPUBLISHED
CINDY SCHEITER, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Guillain-Barré Syndrome (GBS);
* Influenza (“Flu”) Vaccine
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Lara A. Englund, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On December 5, 2014, Cindy Scheiter (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged
that, as a result of receiving an influenza (“flu”) vaccine on December 8, 2011, she developed
Guillain- Barré Syndrome. Petition at ¶ 6. Further, petitioner alleged that she experienced
residual effects of the injury for more than six months. Amended Petition at ¶ 20.
On December 4, 2015, the parties filed a stipulation in which they state that a decision should be
entered awarding compensation. Respondent denies that petitioner had GBS, and denies that the flu
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the
undersigned intends to post this ruling on the website of the United States Court of Federal Claims, 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)). As provided by Vaccine Rule 18(b), each party has 14 days
within which to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or
similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine
Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood
Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-
1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine
Act are to 42 U.S.C.A. § 300aa.

Case 1:14-vv-01172-UNJ Document 40 Filed 12/28/15 Page 2 of 7
vaccine is the cause of petitioner’s alleged GBS or any other injury, or her current condition.
Stipulation ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The 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 stipulate that petitioner shall receive the following compensation:
(1) A lump sum of $5,000.00 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).
Id. ¶ 8.
The undersigned approves the requested amounts for petitioner’s compensation. Accordingly,
the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.

Case 1:14-vv-01172-UNJ Document 40 Filed 12/28/15 Page 3 of 7

Case 1:14-vv-01172-UNJ Document 40 Filed 12/28/15 Page 4 of 7

Case 1:14-vv-01172-UNJ Document 40 Filed 12/28/15 Page 5 of 7

Case 1:14-vv-01172-UNJ Document 40 Filed 12/28/15 Page 6 of 7

Case 1:14-vv-01172-UNJ Document 40 Filed 12/28/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01172-1
Date issued/filed: 2015-12-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/4/2015) regarding 34 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-01172-UNJ Document 41 Filed 12/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1172V
Filed: December 4, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
CINDY SCHEITER, *
* Special Master Gowen
Petitioner, *
* Stipulation;
v. * Attorneys’ Fees and Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Lara A. Englund, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On December 5, 2014, Cindy Scheiter (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2012).
Petitioner alleged that, as a result of receiving an influenza (“flu”) vaccine on December 8, 2011,
she developed Guillain- Barré Syndrome. Petition at ¶ 6. Further, petitioner alleged that she
experienced residual effects of the injury for more than six months. Amended Petition at ¶ 20.
A Decision was issued on December 4, 2015, awarding compensation pursuant to the parties’
stipulation filed that same day.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the
undersigned intends to post this ruling on the website of the United States Court of Federal Claims, 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)). As provided by Vaccine Rule 18(b), each party has 14 days
within which to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or
similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine
Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood
Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-
1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine
Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-01172-UNJ Document 41 Filed 12/28/15 Page 2 of 2
On December 4, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees
and costs. Petitioner requests a total award of final attorneys’ fees and costs of $14,250.00 be
issued. Stip. of Fact ¶ 5. Pursuant to General Order #9, petitioner’s counsel also represented that
petitioner incurred no reimbursable out-of-pocket expenses in this matter. Id. at ¶ 4. The
parties’ stipulation indicates that respondent does not object to the amended amount of
$14,250.00 in attorneys’ fees and costs that petitioner is requesting.
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 the parties’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, I hereby award:
(1) A lump sum of $14,250.00 in the form of a check payable jointly to petitioner and
petitioner’s counsel of record, Jeffrey S. Pop, for petitioner’s attorneys’ fees and
costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2