VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01194
Package ID: USCOURTS-cofc-1_14-vv-01194
Petitioner: Brandy Leathers
Filed: 2014-12-11
Decided: 2016-03-23
Vaccine: influenza
Vaccination date: 2013-11-21
Condition: post injection neuralgia and Parsonage Turner Syndrome
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Brandy Leathers filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2014, alleging that an influenza vaccination administered on November 21, 2013, caused her to suffer post-injection neuralgia and Parsonage Turner Syndrome. Ms. Leathers further alleged that she experienced residual effects from these conditions for more than six months. The petition stated that she had filed no other action for this injury and had received no prior award or settlement for it. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused Ms. Leathers' post-injection neuralgia and Parsonage Turner Syndrome, or any other injury or disability. Despite the respondent's denial, the parties reached a settlement. On August 18, 2015, they filed a joint stipulation agreeing to settle the case. As part of the stipulation, the respondent agreed to pay Ms. Leathers a lump sum of $45,000.00, payable to her, as compensation for all damages available under the Vaccine Act. Chief Special Master Denise Kathryn Vowell adopted the parties' stipulation and awarded the compensation on August 19, 2015. Subsequently, on November 19, 2015, the parties filed a stipulation concerning attorneys' fees and costs. They stipulated to an award of $13,223.40. Petitioner's counsel, Amber Wilson of Maglio Christopher and Toale, PA, represented that Ms. Leathers incurred no out-of-pocket expenses. Chief Special Master Nora Beth Dorsey reviewed the stipulation and, finding the request reasonable and without objection from the respondent, granted the award for attorneys' fees and costs on March 23, 2016. The award of $13,223.40 was to be paid as a lump sum in the form of a check jointly payable to Ms. Leathers and her counsel.

Theory of causation field:
Petitioner Brandy Leathers alleged that an influenza vaccination on November 21, 2013, caused post-injection neuralgia and Parsonage Turner Syndrome, with residual effects lasting more than six months. The respondent denied causation. The parties reached a settlement, and compensation was awarded. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused the injury. The settlement included a $45,000.00 award for all damages, and a subsequent award of $13,223.40 for attorneys' fees and costs, jointly payable to petitioner and counsel Amber Wilson. Chief Special Master Denise Kathryn Vowell issued the initial decision on August 19, 2015, and Chief Special Master Nora Beth Dorsey issued the decision on attorneys' fees and costs on March 23, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01194-0
Date issued/filed: 2015-09-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/19/2015) regarding 21 DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01194-UNJ Document 27 Filed 09/18/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1194V
Filed: August 19, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRANDY LEATHERS, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Post Injection
* Neuralgia; Parsonage Turner
SECRETARY OF HEALTH * Syndrome; Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On December 11, 2014, Brandy Leathers 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 November 21, 2013, she suffered post injection neuralgia and
Parsonage Turner Syndrome. Petition, ¶¶ 2, 6; Stipulation, filed August 18, 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, ¶¶ 13, 15-16; Stipulation, ¶¶ 4-5.
“Respondent denies that the flu immunization is the cause of petitioner’s post injection
neuralgia and Parsonage Turner Syndrome, any other injury, or her current disabilities.”
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-01194-UNJ Document 27 Filed 09/18/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
August 18, 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 $45,000.00 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
IT IS SO ORDERED.
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-01194-UNJ Document 27 Filed 09/18/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01194-1
Date issued/filed: 2016-03-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/20/2015) regarding 30 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01194-UNJ Document 33 Filed 03/23/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1194V
Filed: November 20, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRANDY LEATHERS, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On December 11, 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 post injection neuralgia and
Parsonage Turner Syndrome as the result of an influenza vaccination. On August 19,
2015, a decision issued awarding compensation to petitioner based on the parties’
Stipulation.
On November 19, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $13,223.40. 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-01194-UNJ Document 33 Filed 03/23/16 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 $13,223.403 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Amber Wilson, Esq.
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