VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01215
Package ID: USCOURTS-cofc-1_14-vv-01215
Petitioner: Kelly A. Loebig
Filed: 2015-10-05
Decided: 2015-10-27
Vaccine: influenza
Vaccination date: 2014-01-03
Condition: Guillian-Barre Syndrome
Outcome: compensated
Award amount USD: 92462

AI-assisted case summary:
Kelly A. Loebig filed a petition on October 5, 2015, alleging that she developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on or about January 3, 2014. She further alleged that she experienced residual effects of her injury for more than six months. Respondent denied that the flu vaccination caused petitioner's GBS or any other injury. Nevertheless, the parties filed a joint stipulation on damages and attorneys' fees and costs. Special Master Thomas L. Gowen adopted the stipulation, awarding Kelly A. Loebig $90,000.00 in compensation for all damages, $2,462.30 for attorneys' fees and costs, and $400.00 for petitioner's incurred costs. Judgment was entered in accordance with the stipulation.

Theory of causation field:
Petitioner Kelly A. Loebig alleged that an influenza vaccine administered on or about January 3, 2014, caused her to develop Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for an award. The public decision does not describe the specific mechanism of causation, medical experts, or clinical details of the GBS onset or progression. Special Master Thomas L. Gowen adopted the stipulation, awarding $90,000.00 for damages, $2,462.30 for attorneys' fees and costs to Charles P. Falk and petitioner, and $400.00 for petitioner's costs. The decision was issued on October 27, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01215-0
Date issued/filed: 2015-10-27
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 10/5/2015) regarding 21 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-01215-UNJ Document 25 Filed 10/27/15 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1215V
Filed: October 5, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KELLY A. LOEBIG, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages and
v. * Attorneys’ Fees and Costs
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Guillian-Barre Syndrome;
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Charles P. Falk, Solomon and Associates, Pittsburgh, PA, for petitioner.
Camille M. Collett, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On December 18, 2014, Kelly A. Loebig (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner
alleged that as a result of receiving an influenza (“flu”) vaccine on or about January 3, 2014, she
developed Guillian-Barre Syndrome (“GBS”). Stipulation for an Award ¶ 2, 4, docket no. 19, filed
Sep. 30, 2015. Further, petitioner alleged that she experienced residual effects of her injury for
more than six months. Id. at ¶ 4.
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 (2006) (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-01215-UNJ Document 25 Filed 10/27/15 Page 2 of 9
On September 30, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s GBS or any other injury or condition. Id. at ¶ 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 also stipulate to an award of attorneys’ fees and costs in a joint stipulation filed
on October 1, 2015. See Stipulation for Fees ¶ 4, docket no. 20, filed Oct. 1, 2015. The parties
agree to a total award of attorneys’ fees and costs in the amount of $2,462.30. Id. In accordance
with General Order #9, petitioner represents that she personally incurred costs in the amount of
$400.00 related to this proceeding. Id. at ¶ 3. The undersigned also finds the stipulation for fees
and costs reasonable and adopts it as the decision of the Court.
The parties stipulate that petitioner shall receive the following compensation:
1) A lump sum of $90,000.00, in the form of a check payable to petitioner, Kelly A.
Loebig. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
2) A lump sum of $2,462.30, in the form of a check jointly payable to petitioner and
to petitioner’s attorney, Charles P. Falk, pursuant to 42 U.S.C. § 300 aa-15(e), for
attorneys’ fees and costs.
3) A lump sum of $400.00, in the form of a check payable to petitioner only, Kelly A.
Loebig, pursuant to General Order No. 9.
The undersigned approves the requested amount for petitioner’s compensation and
attorneys’ fees and costs. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulations.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

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Case 1:14-vv-01215-UNJ Document 25 Filed 10/27/15 Page 7 of 9

Case 1:14-vv-01215-UNJ Document 25 Filed 10/27/15 Page 8 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KELLY A. LOEBIG, )
)
)
)
)
Petitioner, ) No. 14-1215V
) Special Master
v. ) Thomas L. Gowen
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
STIPULATION OF FACT CONCERNING FINAL ATTORNEYS’ FEES AND
COSTS
It is hereby stipulated by and between the parties, the following factual matters:
1. Charles P. Falk, Esq., is the attorney of record for petitioner in this matter.
2. Petitioner submitted a draft final Application for Attorneys’ Fees and
Costs (Application) to respondent. Therein, petitioner requests $2,445.00
in attorneys’ fees and $17.30 in attorneys’ costs.
3. Pursuant to General Order #9, petitioner represents to respondent that she
did advance monies in the amount of $400.00 for reimbursable costs in
pursuit of her claim.
4. The parties now request that a decision awarding final attorneys’ fees in
the amount of $2,462.30, be issued, payable jointly to petitioner and
petitioner’s counsel. A separate check payable solely to petitioner should
be issued in the amount of $400.00.
6. This Stipulation does not represent an agreement by the parties to the
hourly rates of the professionals who worked on this matter, nor a waiver
of any objections that respondent may bring in other cases.

Case 1:14-vv-01215-UNJ Document 25 Filed 10/27/15 Page 9 of 9
Respectfully submitted,
s/CHARLES P. FALK s/CAMILLE M. COLLETT
CHARLES P. FALK CAMILLE M. COLLETT
Counsel for Petitioner Trial Attorney
Solomon and Associates Torts Branch, Civil Division
Law and Finance Bldg., Suite 902 U.S. Department of Justice
429 Fourth Avenue P.O. Box 146
Pittsburgh, PA 15219 Ben Franklin Station
Tel: (412) 391-9600 Washington, D.C. 20044-0146
Tel: (202) 616-4098
Date: October 1, 2015
2