VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00167
Package ID: USCOURTS-cofc-1_15-vv-00167
Petitioner: Ova Franklin Kelly
Filed: 2015-02-23
Decided: 2015-12-18
Vaccine: influenza
Vaccination date: 2013-10-07
Condition: Guillian-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Ova Franklin Kelly filed a petition on February 23, 2015, alleging that he received an influenza vaccine on or about October 7, 2013, which caused him to suffer Guillian-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent denied that the vaccine caused the GBS. The parties subsequently reached a stipulation of fact and law, agreeing that the flu vaccine caused Mr. Kelly's GBS. On December 18, 2015, Special Master Christian J. Moran adopted the stipulation and awarded Mr. Kelly $200,000.00 in compensation for all damages. Petitioner was represented by Vanessa L. Brice of Colling Gilbert Wright & Carter, L.L.C., and the respondent was represented by Lara A. Englund of the United States Department of Justice. Subsequently, on March 8, 2016, Special Master Christian J. Moran awarded $19,619.16 in attorneys' fees and costs, to which the respondent did not object. This award was made payable to both petitioner and his attorney, Vanessa L. Brice.

Theory of causation field:
Petitioner Ova Franklin Kelly alleged that an influenza vaccine received on or about October 7, 2013, caused Guillian-Barré Syndrome (GBS). The flu vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties entered into a stipulation of fact and law agreeing that the flu vaccine caused petitioner's GBS. Special Master Christian J. Moran adopted this stipulation. Petitioner was awarded $200,000.00 for all damages. Attorneys' fees and costs totaling $19,619.16 were awarded on March 8, 2016. Petitioner was represented by Vanessa L. Brice and respondent by Lara A. Englund. The public decision does not describe the specific mechanism of causation, onset of symptoms, diagnostic tests, or treatments.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00167-0
Date issued/filed: 2015-12-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/12/2015) regarding 28 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:15-vv-00167-UNJ Document 29 Filed 12/18/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
OVA FRANKLIN KELLY, * No. 15-167V
*
Petitioner, * Special Master Moran
*
v. * Filed: November 12, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillian-Barré Syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Vanessa L. Brice, Colling Gilbert Wright & Carter, L.L.C., Orlando, FL, for
Petitioner;
Lara A. Englund, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On November 10, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Ova Franklin Kelly on February 23, 2015. In
his petition, Mr. Kelly 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 he received on or about October 7, 2013, caused him to suffer Guillian-
Barré Syndrome (“GBS”). Petitioner further alleges that he 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 his condition.
Respondent denies that the flu vaccine is the cause of petitioner’s GBS or
any other injury or his current condition.
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 1:15-vv-00167-UNJ Document 29 Filed 12/18/15 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 $200,000.00 in the form of a check payable to petitioner,
Ova Franklin Kelly. 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 15-167V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Dan Hoffman, 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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Case 1:15-vv-00167-UNJ Document 29 Filed 12/18/15 Page 6 of 7

Case 1:15-vv-00167-UNJ Document 29 Filed 12/18/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00167-1
Date issued/filed: 2016-03-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 2/16/16) regarding 33 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: #1 Appendix 1)(dh) Copy to parties. Modified on 7/11/2019 to include the attachment(s) in the main document for posting to the courts website (da).
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Case 1:15-vv-00167-UNJ Document 34 Filed 03/08/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
OVA FRANKLIN KELLY, *
* No. 15-167V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: February 16, 2016
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Vanessa L. Brice, Colling Gilbert Wright & Carter, L.L.C., Orlando, FL, for
Petitioner;
Lara A. Englund, United States Dep’t of Justice, Washington, D.C., for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On February 1, 2016, respondent filed a stipulation of fact for attorneys’ fees
and costs. Previously, petitioner submitted a request for attorneys’ fees and costs
on January 21, 2016. In informal discussions, respondent raised objections to
certain items in petitioner’s request. Based on these discussions, petitioner
amended his application to request $19,619.16, an amount to which respondent
does not object. The Court awards this amount.
On February 23, 2015, Ova Franklin Kelly filed a petition for compensation
alleging that the influenza (“flu”) vaccine received on or about October 7, 2013,
caused him to suffer Guillian-Barré Syndrome (“GBS”). Petitioner received
compensation based upon the parties’ stipulation. Decision, issued November 12,
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), 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 1:15-vv-00167-UNJ Document 34 Filed 03/08/16 Page 2 of 4
2015. Because petitioner received compensation, he is entitled to an award of
attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $19,619.16, in attorneys’ fees and costs for his
counsel. Petitioner did not advance any monies in reimbursable costs in pursuit of
his claim, pursuant to General Order #9. 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 $19,619.16, in the form of a check made payable to
petitioner and petitioner’s attorney, Vanessa L. Brice, of Colling
Gilbert Wright & Carter, 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, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

Case 1:15-vv-00167-UNJ Document 34 Filed 03/08/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
OVA FRANKLIN KELLY, )
)
Petitioner, )
)
v. ) No. 15-167V
) Special Master Christian Moran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
STIPULATION OF FACT CONCERNING ATTORNEYS’ FEES AND COSTS
It is hereby stipulated by and between the parties, the following factual matters:
1. Vanessa L. Brice is the attorney of record for petitioner in this matter.
2. Petitioner submitted a request for attorneys’ fees and costs on January 21, 2016.
3. In informal discussions, respondent raised objections to certain items in
petitioners’ request. Based on these discussions, petitioner has amended her
request for attorneys’ fees and costs in this matter to request reimbursement for
attorneys’ fees and costs in the amount of $19,619.16.
4. Pursuant to General Order #9, petitioner advanced no monies in reimbursable
costs in pursuit of his claim.
5. The parties now request that a decision awarding final attorneys’ fees and costs,
totaling $19,619.16, be issued.

Case 1:15-vv-00167-UNJ Document 34 Filed 03/08/16 Page 4 of 4
Respectfully submitted,
s/ VANESSA L. BRICE s/ LARA A. ENGLUND
VANESSA L. BRICE LARA A. ENGLUND
COLLING GILBERT WRIGHT Trial Attorney
& CARTER, L.L.C. Torts Branch
801 N. Orange Avenue Civil Division
Suite 830 U.S. Department of Justice
Orlando, FL 32801 P.O. Box 146
(407) 712-7300 Benjamin Franklin Station
Washington, DC 20044-0146
(202) 307-3013
DATED: February 1, 2016
2