In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 12-160V

Filed: April 30, 2013

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JUDITH MORGAN, * NOT TO BE PUBLISHED

*

Petitioner, * Special Master Zane

 * 

v. * Stipulation; influenza (flu) vaccine;

 * Diptheria-Tetanus (“DT”) vaccine;

SECRETARY OF HEALTH * brachial plexopathy; attorneys’ fees

AND HUMAN SERVICES, * and costs

 *

 Respondent. *

*

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Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for Petitioner

Traci Patton, United States Dep’t of Justice, Washington, DC, for Respondent

UNPUBLISHED DECISION1

On April 30, 2013, the parties in the above-captioned case filed a Stipulation 

memorializing their agreement as to the appropriate amount of compensation in this case. 

Petitioner alleged that she suffered from brachial plexopathy as a consequence of her receipt of 

the influenza (“flu”) vaccine or Diptheria-Tetanus (“DT”) vaccine, which are vaccines contained 

in the Vaccine Injury Table, 42 C.F.R § 100.3(a), and which she received on or about September 

28, 2010. Petitioner alleges that she experienced the residual effects of this injury for more than 

six months. Petitioner also represents that there have been no prior awards or settlement of a 

1 Because this decision contains a reasoned explanation for the Special Master’s action in this 

case, the Special Master intends to post it 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, 113 Stat. 2899, 

2913 (Dec. 17, 2002). All decisions of the Special Master will be disclosed and made available 

to the public unless they contain trade secret or commercial or financial information that is

privileged and confidential, or medical and similar files the disclosure of which would constitute 

a clearly unwarranted invasion of privacy. When such a decision or designated substantive order 

is filed, a party has 14 days to identify and to move to redact such information before the 

document’s disclosure. If upon review of a timely-filed motion to redact along with which a 

proposed redacted decision is submitted, the Special Master agrees that the identified material 

fits within the categories listed above, the Special Master shall redact such material from the 

decision made available to the public. 42 U.S.C. § 300aa-12 (d) (4); Vaccine Rule 18 (b). In the 

absence of a motion or should the Special Master disagree with the proposed redactions, the 

decision shall be disclosed in its entirety.

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civil action for these damages. Petitioner seeks compensation related to her injuries pursuant to 

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34.

Respondent denies that the flu vaccine or the DT vaccine caused Petitioner’s brachial 

plexopathy or any other injury and denies that Petitioner’s current disabilities are sequelae of her

alleged vaccine-related injury. Nonetheless, the parties have agreed informally to resolve this 

matter. Stipulation, Appendix A hereto. The court hereby ADOPTS the parties’ said 

Stipulation, attached hereto as Appendix A, and awards compensation in the amount and on the 

terms set forth therein. 

Because Petitioner is being awarded compensation pursuant to this decision, Petitioner is 

entitled to an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). In their 

stipulation, the parties have agreed that an award of $16,000.00 in attorneys’ fees and costs

would be reasonable. Petitioner has represented that she personally has not incurred any 

litigation costs. The undersigned finds that the amount requested is reasonable. In accordance 

with 42 U.S.C. §§ 300aa–15(e), the undersigned awards the amount of attorneys’ fees and costs 

to which Respondent has agreed. 

Specifically, Petitioner is awarded:

1) a lump sum of $70,000.00, 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); and

2) a lump sum of $16,000.00 in the form of a check payable jointly to petitioner and 

petitioner’s attorney, Mark L. Krueger, for attorneys’ fees and costs awarded 

pursuant to 42 U.S.C. §§ 300aa-15(e). 

The Court thanks the parties for their cooperative efforts in resolving this matter. In the 

absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk is directed to 

enter judgment accordingly.2

IT IS SO ORDERED.

s/Daria J. Zane 

Daria J. Zane

Special Master 

2 This document constitutes a final “decision” in this case pursuant to 42 U.S.C. § 300aa12(d)(3)(A). Unless a motion for review of this decision is filed within 30 days, the Clerk of the 

Court shall enter judgment in accordance with this decision. 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.

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