VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00424
Package ID: USCOURTS-cofc-1_09-vv-00424
Petitioner: William M. Corey
Filed: 2009-06-30
Decided: 2014-10-02
Vaccine: influenza
Vaccination date: 2008-10-06
Condition: Guillain-Barre Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
William M. Corey filed a petition on June 30, 2009, alleging that an influenza vaccine he received on October 6, 2008 caused him to develop Guillain-Barré syndrome. In his prehearing submissions, Mr. Corey identified Chronic Inflammatory Demyelinating Polyneuropathy as indistinguishable from GBS.

The parties filed a joint stipulation on June 19, 2014. Respondent denied that the flu vaccine caused Mr. Corey's GBS, CIDP, or any other injury. Nevertheless, the parties agreed to resolve the case through stipulation. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr. Corey received a lump sum payment of $100,000.00 representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On September 11, 2014, the parties stipulated to an award of $72,142.00 in attorneys' fees and costs. Mr. Corey's counsel represented that petitioner had not personally advanced any reimbursable costs. Special Master Dorsey awarded $72,142.00 payable jointly to Mr. Corey and his attorney, F. John Caldwell, Jr., of Maglio Christopher & Toale, P.A.

Theory of causation field:
Flu vaccine Oct 6, 2008 → GBS (petitioner also identified CIDP as indistinguishable). Resolved by joint stipulation June 19, 2014. Respondent denied causation. Lump sum $100,000 awarded. Fees $72,142 (SM Dorsey, Sept 11, 2014). Dates correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_09-vv-00424-0
Date issued/filed: 2014-07-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/20/2014) regarding 78 DECISION of Special Master Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:09-vv-00424-UNJ Document 83 Filed 07/15/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-424V
Filed: June 20, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
WILLIAM M. COREY, *
* Special Master Dorsey
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine; Guillain-
* Barré Syndrome (GBS); Chronic
SECRETARY OF HEALTH * Inflammatory Demyelinating
AND HUMAN SERVICES, * Polyneuropathy (CIDP).
*
Respondent. *
* * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for petitioner.
Julia Wernett McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On June 30, 2009, William M. Corey (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleges that he developed Guillain-Barre Syndrome (“GBS”), as a result of an
influenza vaccine administered to him on October 6, 2008.3 See Petition at 1, 4.
On June 19, 2014, the parties filed a stipulation, stating that a decision should be entered
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request 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).
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 (2006) (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.
3 In his prehearing submissions, petitioner identifies Chronic Inflammatory Demyelinating
Polyneuropathy (“CIDP”) as indistinguishable from GBS.
1

Case 1:09-vv-00424-UNJ Document 83 Filed 07/15/14 Page 2 of 7
awarding compensation.
Respondent denies that the flu vaccine caused petitioner’s GBS or CIDP or any other
injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A.
The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $100,000.00, 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).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.4
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_09-vv-00424-1
Date issued/filed: 2014-10-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/11/2014) regarding 85 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:09-vv-00424-UNJ Document 88 Filed 10/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 11, 2014
* * * * * * * * * * * * * * UNPUBLISHED
WILLIAM COREY, * No. 09-424V
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
F. John Caldwell, Jr., Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Julia McInerny, U.S. Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On June 30, 2009, William M. Corey (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that he developed Guillain-Barre Syndrome (“GBS”), as a result of an
influenza vaccine administered to him on October 6, 2008.3 See Petition at 1, 4. On June 20,
2014, a decision was entered based on the parties’ stipulation awarding compensation to
petitioner.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which
to request 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). Otherwise, the entire decision will be available to the
public. 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 (2006) (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.
3 In his prehearing submissions, petitioner identifies Chronic Inflammatory Demyelinating
Polyneuropathy (“CIDP”) as indistinguishable from GBS.
1

Case 1:09-vv-00424-UNJ Document 88 Filed 10/02/14 Page 2 of 2
On September 11, 2014, the parties filed a Stipulation of Attorneys’ Fees and Costs.
According to the stipulation, the parties stipulate to a total award to petitioner of attorneys’ fees
and costs in the amount of $72,142.00. In accordance with General Order #9, petitioner’s
counsel represents that petitioner did not personally advance any reimbursable costs in pursuit of
his claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, F. John
Caldwell, Jr., of Maglio, Christopher & Toale, P.A., in the amount of $72,142.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2