VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01210
Package ID: USCOURTS-cofc-1_14-vv-01210
Petitioner: Katy Jeluso
Filed: 2014-12-16
Decided: 2015-09-22
Vaccine: influenza
Vaccination date: 2013-11-24
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 165000

AI-assisted case summary:
Katy Jeluso filed a petition on December 16, 2014, alleging that the influenza vaccine she received on November 24, 2013, caused her to develop transverse myelitis (TM) with residual effects lasting more than six months. The respondent denied that the vaccination caused Ms. Jeluso's TM or her current disabilities. However, the parties reached a joint stipulation, which Special Master Christian J. Moran adopted as the Court's decision. The stipulation awarded Ms. Jeluso a lump sum of $165,000.00 for all damages. Separately, the parties stipulated to an award of $17,770.44 for attorneys' fees and costs, which Special Master Moran also awarded. The decision on fees and costs was issued on September 22, 2015. Petitioner's counsel was Anne C. Toale of Maglio, Christopher & Toale, PA, and respondent's counsel was Heather L. Pearlman of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Katy Jeluso alleged that the influenza vaccine received on November 24, 2013, caused transverse myelitis (TM), an injury listed on the Vaccine Injury Table. Petitioner alleged residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation, which Special Master Christian J. Moran adopted. The stipulation resulted in an award of $165,000.00 for all damages and $17,770.44 for attorneys' fees and costs. The public decision does not detail the specific mechanism of causation, expert testimony, or the evidence considered in reaching the stipulation. The theory of causation is based on the Vaccine Injury Table. Attorneys for petitioner were Anne C. Toale and for respondent was Heather L. Pearlman. Special Master Christian J. Moran issued the decision on the stipulation on July 7, 2015, and the decision on fees and costs on August 18, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01210-0
Date issued/filed: 2015-08-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/07/2015) regarding 27 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-01210-UNJ Document 31 Filed 08/07/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
KATY JELUSO, * No. 14-1210V
*
Petitioner, * Special Master Moran
*
v. * Filed: July 7, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * transverse myelitis (“TM”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;
Heather L. Pearlman, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On July 1, 2015, respondent filed a joint stipulation concerning the petition
for compensation filed by Katy Jeluso on December 16, 2014. In her petition, Ms.
Jeluso 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
November 24, 2013, caused her to develop transverse myelitis (“TM”). Petitioner
further alleges that she experienced the residual effects of this injury for more than
six months. Petitioner represents that there has been no prior award or settlement
of a civil action for damages as a result of her condition.
Respondent denies that petitioner’s TM or any other injury was caused-in-
fact by petitioner’s November 24, 2013 flu vaccination, and denies that her current
disabilities are sequelae of this 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-01210-UNJ Document 31 Filed 08/07/15 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 $165,000.00 in the form of a check payable to petitioner,
Katy Jeluso. 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 14-1210V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, 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

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CCaassee 11::1144--vvvv--0011221100--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0078//0017//1155 PPaaggee 46 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01210-1
Date issued/filed: 2015-09-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/18/2015) regarding 33 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-01210-UNJ Document 36 Filed 09/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
KATY JELUSO, * No. 14-1210V
*
Petitioner, * Special Master Moran
*
v. * Filed: August 18, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;
Heather L. Pearlman, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On August 14, 2015, respondent 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 $17,770.44, an amount to which respondent does not object.
The Court awards this amount.
On December 16, 2014, Katy Jeluso filed a petition for compensation
alleging that the influenza vaccine, which she received on November 24, 2013,
caused her to develop transverse myelitis (“TM”). Petitioner received
compensation based upon the parties’ stipulation. Decision, issued Apr. 22, 2015.
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 parties have 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-01210-UNJ Document 36 Filed 09/22/15 Page 2 of 2
Because petitioner received compensation, she is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $17,770.44, in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this 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 $17,770.44, in the form of a check made payable to
petitioner and petitioner’s attorney, Anne C. Toale, 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, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2