VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01232
Package ID: USCOURTS-cofc-1_14-vv-01232
Petitioner: Patricia M. Abel
Filed: 2015-07-23
Decided: 2016-06-01
Vaccine: influenza
Vaccination date: 2012-11-02
Condition: Guillain-Barre Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 927435

AI-assisted case summary:
Patricia M. Abel filed a petition on December 23, 2014, alleging that she suffered Guillain-Barre Syndrome (GBS) caused by an influenza vaccine administered on November 2, 2012. The respondent denied that the flu immunization caused her alleged GBS. The parties reached a settlement, agreeing that the respondent would pay petitioner a lump sum of $156,436.22 to reimburse a State of Wisconsin Medicaid lien and an additional lump sum of $770,000.00 for all other damages, resulting in a total award of $927,435.22. This decision was issued by Chief Special Master Denise Kathryn Vowell on June 1, 2016. Separately, on September 17, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Chief Special Master Nora Beth Dorsey issued a decision on June 1, 2016, awarding attorneys' fees and costs in the stipulated amount of $30,999.20, payable as a lump sum in the form of a check jointly to petitioner Patricia M. Abel and her counsel, Lynn R. Laufenberg. Petitioner's counsel represented that petitioner incurred no out-of-pocket expenses. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner was represented by Lynn R. Laufenberg of Laufenberg, Jassak & Laufenberg, S.C., and respondent was represented by Gordon Shemin of the U.S. Department of Justice.

Theory of causation field:
Petitioner Patricia M. Abel alleged that an influenza vaccine administered on November 2, 2012, caused her Guillain-Barre Syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation for settlement. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The settlement resulted in a total award of $927,435.22, comprising $156,436.22 for a Medicaid lien and $770,000.00 for all other damages. Attorneys' fees and costs were awarded separately in the amount of $30,999.20. The damages stipulation was approved by Chief Special Master Denise Kathryn Vowell on June 1, 2016, and the attorneys' fees stipulation was approved by Chief Special Master Nora Beth Dorsey on June 1, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01232-0
Date issued/filed: 2016-06-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/23/2015) regarding 17 DECISION Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01232-UNJ Document 27 Filed 06/01/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1232V
Filed: July 23, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PATRICIA M. ABEL, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”);
v.
* Guillain-Barre Syndrome (“GBS”)
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lynn R. Laufenberg, Laufenberg, Jassak & Laufenberg, S.C., Milwaukee, WI, for
petitioner.
Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On December 23, 2014, Patricia M. Abel 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 she suffered Guillain-Barre
Syndrome (“GBS”) caused by an influenza vaccine administered on November 2, 2012.
Petition at 1; Stipulation, filed July 23, 2015, ¶ 1-2. Petitioner further alleges that the
vaccine was administered in the United States, that she has experienced residual
effects from her injury for more than six months, and that she has not received a prior
award or settlement for damages as a result of her condition. Stipulation¶¶ 3-5.
“Respondent denies that the flu immunization is the cause of petitioner’s alleged GBS,
and/or any other injury.” 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-01232-UNJ Document 27 Filed 06/01/16 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
July 23, 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 $156,436.22, which represents reimbursement of a State of
Wisconsin Medicaid lien, in the form of a check payable jointly to petitioner and
First Recovery Group, LLC.
26899 Northwestern Highway
Suite 250
Southfield, MI 48033
Petitioner agrees to endorse this payment to the State. Stipulation, ¶ 8; and
• A lump sum of $770,000.00 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.
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
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.

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Case 1:14-vv-01232-UNJ Document 27 Filed 06/01/16 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01232-1
Date issued/filed: 2016-06-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/18/2015) regarding 24 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01232-UNJ Document 28 Filed 06/01/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1232V
Filed: September 18, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PATRICIA M. ABEL, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lynn Raymond Laufenberg, Laufenberg, Jassak & Laufenberg, S.C., Milwaukee, WI, for
petitioner.
Gordon Elliot Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On December 23, 2014, Patricia M. Abel 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 alleged that she suffered Guillan-Barre
Syndrome resulting from an influenza vaccine administered on November 2, 2012. On
July 23, 2015, a decision was issued awarding compensation to petitioner based on the
parties’ stipulation.
On September 17, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision 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), petitioners have 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-01232-UNJ Document 28 Filed 06/01/16 Page 2 of 2
award of $30,999.20. In accordance with General Order #9, petitioner’s counsel
represents that petitioner incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total of $30,999.203 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Lynn R. Laufenberg.
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 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).