VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00068
Package ID: USCOURTS-cofc-1_17-vv-00068
Petitioner: M. M.
Filed: 2017-01-17
Decided: 2022-05-04
Vaccine: Tdap
Vaccination date: 2015-08-05
Condition: Guillain-Barre syndrome (GBS) and/or chronic inflammatory demyelinated polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
On January 17, 2017, M. M. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barre syndrome (GBS) and/or chronic inflammatory demyelinated polyneuropathy (CIDP) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on August 5, 2015. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused or significantly aggravated petitioner's alleged injuries or her current condition. Despite maintaining their respective positions on causation, the parties entered into a stipulation to settle the case. The stipulation provided for a lump sum award of $110,000.00 to compensate M. M. for all damages that would be available under 42 U.S.C. § 300aa-15(a) for injuries allegedly related to the Tdap vaccine. Special Master Thomas L. Gowen adopted the parties' stipulation and ordered judgment to be entered accordingly. The decision on the stipulation was issued on May 4, 2022. Petitioner was represented by Amber D. Wilson of Wilson Science Law, and respondent was represented by Wei K. Tai of the U.S. Department of Justice. In a separate decision dated February 6, 2019, Special Master Gowen granted petitioner's motion for interim attorneys' fees and costs, awarding $20,750.00 for expert costs incurred, noting that the case had been pending since 2015 and involved three expert reports from two experts, Dr. Allen and Dr. Akbari. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.

Theory of causation field:
Petitioner M. M. alleged that she developed Guillain-Barre syndrome (GBS) and/or chronic inflammatory demyelinated polyneuropathy (CIDP) as a result of receiving a Tdap vaccine on August 5, 2015. The respondent denied causation. The parties stipulated to settle the case, with the respondent denying causation but agreeing to an award. The stipulation stated that the award of $110,000.00 represented compensation for all damages available under 42 U.S.C. § 300aa-15(a) for injuries allegedly related to the Tdap vaccine. The theory of causation was "Off-Table" as indicated by the initial database entry, and the stipulation explicitly states that it is not an admission of causation by the United States. The public decision does not detail the specific medical mechanism, expert opinions on causation, or the Special Master's reasoning regarding the specific medical basis for the stipulation, other than adopting the parties' agreement. The award was a lump sum of $110,000.00. Special Master Thomas L. Gowen issued the decision on the stipulation on May 4, 2022. Petitioner's counsel was Amber D. Wilson, and respondent's counsel was Wei K. Tai.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00068-0
Date issued/filed: 2019-02-06
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 1/8/19) regarding 50 DECISION of Special Master - Interim Costs. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00068-UNJ Document 51 Filed 02/06/19 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 8, 2019
* * * * * * * * * * * * * * * * UNPUBLISHED
MARY MALLORY, *
* No. 17-68V
Petitioner, *
* Special Master Gowen
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Interim; Special Master’s
AND HUMAN SERVICES, * Discretion.
*
Respondent. *
* * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON INTERIM COSTS1
On January 17, 2017, Mary Mallory (“petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1).
Petitioner alleged that she developed chronic inflammatory polyneuropathy (“CIDP”) as a result
of a TDaP vaccination administered to her on August 5, 2015. Id.
On November 27, 2018, petitioner filed a motion for interim attorneys’ fees and costs.
Motion for Interim Attorney’s Fees and Costs (“Pet. Motion”) (ECF No. 44). Petitioner requested
reimbursement for costs in the amount of $20,750.00. Id. at ¶ 1.
On December 11, 2018, respondent filed a response to petitioner’s motion. Respondent’s
Response to Petitioner’s Motion for Interim Attorneys’ Fees and Costs (ECF No. 46). Respondent
stated that, in this case, he “defers to the Special Master to determine whether or not petitioner has
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of
Federal Claims. The court’s website can be accessed at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before
the decision is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed
redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision
will be posted on the court’s website without any changes. Id.
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 (2012)
(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.

Case 1:17-vv-00068-UNJ Document 51 Filed 02/06/19 Page 2 of 3
met the legal standard for an interim fees and costs award as set forth in Avera v. HHS, 515 F.3d
1343 (Fed. Cir. 2008).” Id. at 2. Respondent further “respectfully requests that the Special Master
exercise his discretion regarding petitioner’s request for an interim award of attorneys’ fees and
costs.” Id. at 3.
On December 14, 2018, petitioner filed a reply to respondent’s response. Reply to
Respondent’s Response (ECF No. 47). Petitioner argued that “[r]esponent has had and does have
an important role in responding to motions for attorneys’ fees and costs” and that respondent’s
position is overly burdensome on the Court and prejudices petitioner. Id. at 2. Petitioner also
argued that she has met her burden of establishing reasonable costs and, as such, her interim costs
should be awarded. Id. at 4.
This matter is now ripe for adjudication.
The special master may, in the exercise of his or her discretion, grant an interim award of
reasonable attorneys’ fees and costs if the special master finds that the petitioner brought the claim
in good faith and with a reasonable basis. § 300aa-15(e)(1); Avera v. Sec’y of Health & Human
Servs., 515 F.3d 1343, 1352 (Fed. Cir. 2008); Shaw v. Sec’y of Health & Human Servs., 609 F.3d
1372 (Fed. Cir. 2010). Special masters have “wide discretion in determining the reasonableness”
of attorneys’ fees and costs, and may increase or reduce the initial fee award calculation based on
specific findings. Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (1992), aff’d,
33 F.3d 1375 (Fed. Cir. 1994); see Avera, 515 F.3d at 1348.
In Avera, the Federal Circuit stated, “Interim fees are particularly appropriate in cases
where proceedings are protracted and costly experts must be retained.” 515 F.3d at 1352. In
Shaw, the Federal Circuit held that “where the claimant establishes that the cost of litigation has
imposed an undue hardship and there exists a good faith basis for the claim, it is proper for the
special master to award interim attorneys' fees.” 609 F.3d at 1375.
The present case has been pending before the Program since 2015, and petitioner has since
submitted three experts reports from two experts in support of her claim, Dr. Allen and Dr. Akbari.
See Petitioner’s Exhibit (“Pet. Ex.”) 12 (ECF No. 22); Pet. Ex. 36 (ECF No. 35); Pet. Ex. 45 (ECF
No. 39). Petitioner’s counsel explained that the retention of the two experts as well as the
continued pendency of this claim are causing her firm undue hardship. Pet. Motion ¶¶ 6-8. As a
general practice, I do not encourage motions for interim costs, but I recognize the issues raised by
petitioner’s counsel in this case. Petitioner’s claim was brought in good faith and there exists a
reasonable basis for this claim. Petitioner is therefore entitled to a reasonable award of interim
and costs.
Petitioner requested $20,750.00 as reimbursement for the expert costs incurred thus far in
this matter. Pet. Motion at ¶ 1. I have reviewed the invoices submitted with petitioner’s motion.
See Pet. Ex. 75. The expenses incurred are well-documented and based on my experience they
appear reasonable. I find no cause for adjustment and thus the requested attorneys’ costs are
awarded in full.

Case 1:17-vv-00068-UNJ Document 51 Filed 02/06/19 Page 3 of 3
In accordance with the foregoing, petitioner’s motion for attorneys’ fees and costs is
GRANTED.
Accordingly, I award the following:
1) A lump sum in the amount of $20,750.00, representing reimbursement for
petitioner’s interim costs, in the form of a check payable to petitioner and her
attorney, Amber D. Wilson, of Maglio Christopher & Toale, PA.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
the Court SHALL ENTER JUDGMENT herewith.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.

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-00068-1
Date issued/filed: 2022-04-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/24/2021) regarding 90 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00068-UNJ Document 104 Filed 04/11/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 24, 2021
* * * * * * * * * * * * *
M. M., * UNPUBLISHED
*
Petitioner, * No. 17-68V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Stipulation for Award;
AND HUMAN SERVICES, * Tetanus-Diphtheria-acellular
* pertussis (Tdap); Guillain-Barre
* Syndrome (GBS); Chronic
Respondent. * Inflammatory Demyelinated
* Polyneuropathy (CIDP).
* * * * * * * * * * * * *
Amber D. Wilson, Wilson Science Law, Washington, D.C., for petitioner.
Wei K. Tai, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION FOR STIPULATION1
On January 17, 2017, Mary Mallory (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Program.2 Petition at Preamble (ECF No. 1). Petitioner alleged that
as a result of receiving the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on August 5,
2015, she developed Guillain-Barre syndrome (“GBS”) and/or chronic inflammatory
demyelinated polyneuropathy (“CIDP”). Id.
On November 23, 2021, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 87). Respondent
denies that the Tdap vaccine is the cause of petitioner’s alleged injuries, or any other injury or
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
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 (2012)
(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.

Case 1:17-vv-00068-UNJ Document 104 Filed 04/11/22 Page 2 of 2
her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties
now agree that the issues between them shall be settled and that a decision should be entered
awarding the compensation to the petitioner according to the terms of the stipulation attached
hereto as Appendix A. Id. at ¶ 7.
The stipulation provides:
1) A lump sum of $110,000.00 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) for injuries allegedly related to petitioner’s receipt of the
Tdap vaccine.
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_17-vv-00068-3
Date issued/filed: 2022-05-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/24/2021) regarding 90 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00068-UNJ Document 106 Filed 05/04/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 24, 2021
* * * * * * * * * * * * *
M. M., * UNPUBLISHED
*
Petitioner, * No. 17-68V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Stipulation for Award;
AND HUMAN SERVICES, * Tetanus-Diphtheria-acellular
* pertussis (Tdap); Guillain-Barre
* Syndrome (GBS); Chronic
Respondent. * Inflammatory Demyelinated
* Polyneuropathy (CIDP).
* * * * * * * * * * * * *
Amber D. Wilson, Wilson Science Law, Washington, D.C., for petitioner.
Wei K. Tai, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION FOR STIPULATION1
On January 17, 2017, M.M. (“petitioner”) filed a petition for compensation under the
National Vaccine Injury Program.2 Petition at Preamble (ECF No. 1). Petitioner alleged that as a
result of receiving the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on August 5, 2015,
she developed Guillain-Barre syndrome (“GBS”) and/or chronic inflammatory demyelinated
polyneuropathy (“CIDP”). Id.
On November 23, 2021, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 87). Respondent
denies that the Tdap vaccine is the cause of petitioner’s alleged injuries, or any other injury or
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
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 (2012)
(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.

Case 1:17-vv-00068-UNJ Document 106 Filed 05/04/22 Page 2 of 7
her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties
now agree that the issues between them shall be settled and that a decision should be entered
awarding the compensation to the petitioner according to the terms of the stipulation attached
hereto as Appendix A. Id. at ¶ 7.
The stipulation provides:
1) A lump sum of $110,000.00 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) for injuries allegedly related to petitioner’s receipt of the
Tdap vaccine.
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

Case 1:17-vv-00068-UNJ Document 106 Filed 05/04/22 Page 3 of 7
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
,
Petitioner,
v. No. 17-68V
Special Master Gowen
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1.
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -
of a tetanus-diphtheria-acellular , which vaccine is contained in the
2. Petitioner received a Tdap vaccine on August 5, 2015.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered Guillain-Barré Syndrome (GBS) and/or chronic
that was caused or significantly
aggravated by the vaccine. Petitioner further alleges that she experienced residual effects of this
alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.

Case 1:17-vv-00068-UNJ Document 106 Filed 05/04/22 Page 4 of 7
6. Respondent denies that the Tdap vaccination caused or significantly aggravated
GBS, CIDP, or any other injury or her current condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $110,000.00 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) for injuries allegedly related to vaccine.
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before
ees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.

Case 1:17-vv-00068-UNJ Document 106 Filed 05/04/22 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the Tdap vaccination administered on
or about August 5, 2015, as alleged by petitioner in a petition for vaccine compensation filed on
January 17, 2017, in the United States Court of Federal Claims as petition No. 17-68V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.

Case 1:17-vv-00068-UNJ Document 106 Filed 05/04/22 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
pective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused or significantly
aggravated GBS, CIDP, or any other injury or her current condition.
18. All rights and obliga
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
/
/
/
/
/
/
/
/
/
/

Case 1:17-vv-00068-UNJ Document 106 Filed 05/04/22 Page 7 of 7