VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00233
Package ID: USCOURTS-cofc-1_15-vv-00233
Petitioner: Keith Saunders
Filed: 2015-03-06
Decided: 2016-03-24
Vaccine: influenza
Vaccination date: 2013-09-16
Condition: polymyalgia rheumatica
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Keith Saunders filed a petition for compensation on March 6, 2015, alleging that the influenza vaccine he received on September 16, 2013, caused him to develop polymyalgia rheumatica (PMR). The respondent, the Secretary of Health and Human Services, denied that the vaccination caused Mr. Saunders's PMR or any other injury. Despite the respondent's denial, the parties reached a joint stipulation for damages, which the Special Master adopted as the decision of the Court. Mr. Saunders was awarded a lump sum payment of $30,000.00 to compensate for all damages. Separately, the Special Master awarded $21,000.00 in attorneys' fees and costs. This award was split between two attorneys who represented Mr. Saunders at different stages of the case: $8,000.00 was made payable to petitioner and his attorney Thomas P. Gallagher, and $13,000.00 was made payable to petitioner and his attorney Carol L. Gallagher. The decision on damages and the award of attorneys' fees and costs were both issued on March 24, 2016. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Keith Saunders alleged that the influenza vaccine administered on September 16, 2013, caused polymyalgia rheumatica (PMR). The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a joint stipulation for damages, which was adopted by the Special Master. The award included a lump sum of $30,000.00 for all damages. Attorneys' fees and costs totaling $21,000.00 were awarded, split between Thomas P. Gallagher ($8,000.00) and Carol L. Gallagher ($13,000.00). Special Master Christian J. Moran issued the decisions on March 24, 2016. The public decision does not detail the specific medical mechanism or provide expert testimony regarding causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00233-0
Date issued/filed: 2016-03-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/29/2016) regarding 32 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
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Case 1:15-vv-00233-UNJ Document 41 Filed 03/24/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
KEITH SAUNDERS, *
* No. 15-233V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: February 29, 2016
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC., Linwood, NJ, for
petitioner;
Jennifer L. Reynaud, United States Dep’t of Justice, Washington, DC, for
respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On February 22, 2016, petitioner filed a stipulation of fact for attorneys’ fees
and costs. Previously, petitioner informally submitted a draft application for
attorneys’ fees and costs to respondent for review. In informal discussions,
respondent raised objections to certain aspects of petitioner's application. Based on
these discussions, petitioner amended his application to request $21,000.00, an
amount to which respondent does not object. The Court awards this amount.
On March 6, 2012, Keith Saunders filed a petition for compensation alleging
that the influenza (“flu”) vaccine administered on September 16, 2013, caused him
to suffer chronic inflammatory demyelinating polyneuropathy (“CIDP”). As of the
date of this decision, the parties had reached a tentative agreement in this case.
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-00233-UNJ Document 41 Filed 03/24/16 Page 2 of 2
Once petitioner actually receives compensation, he shall be entitled to an award of
attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $21,000.00, in attorneys’ fees and costs for his
counsel. At the time petitioner filed his petition on March 6, 2015, petitioner was
represented by attorney Thomas P. Gallagher. On May 21, 2015, the Court granted
petitioner's motion for substitution of counsel naming Ms. Gallagher as his
attorney of record. Additionally, petitioner filed a statement of costs in compliance
with General Order No. 9, stating that he did not incur any 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. A lump sum of $8,000.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Thomas P. Gallagher, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $13,000.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Carol L. Gallagher, of Carol L.
Gallagher, Esquire, LLC., 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, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00233-1
Date issued/filed: 2016-03-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/02/2016) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
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Case 1:15-vv-00233-UNJ Document 42 Filed 03/24/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
KEITH SAUNDERS, *
* No. 15-233V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: March 2, 2016
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; influenza (“flu”)
* vaccine; polymyalgia rheumatica
* (“PMR”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for Petitioner;
Jennifer L. Reynaud, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 2, 2016, respondent filed the parties’ joint stipulation concerning
the petition for compensation filed by Keith Saunders on March 6, 2015.
Petitioner alleges the influenza (“flu”) vaccine, which is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which Mr. Saunders received
on September 16, 2013, caused him to sustain a vaccine-related injury diagnosed
as polymyalgia rheumatica ("PMR"). 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 vaccination caused petitioner’s PMR or any
other injury or condition.
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-00233-UNJ Document 42 Filed 03/24/16 Page 2 of 2
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 payment of $30,000.00 in the form of a check payable to
petitioner, Keith Saunders. 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 15-233V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Shannon Proctor, 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