VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00656
Package ID: USCOURTS-cofc-1_09-vv-00656
Petitioner: Charles M. Chester, as Executor of the Estate of Barbara Chester
Filed: 2009-10-02
Decided: 2014-05-20
Vaccine: influenza
Vaccination date: 2008-10-25
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Barbara Chester filed a petition on October 2, 2009, alleging that an influenza vaccine she received on October 25, 2008 caused her to develop Guillain-Barré syndrome. Ms. Chester died during the pendency of the proceedings. Her husband, Charles M. Chester, was substituted as petitioner in his capacity as executor of her estate following a motion to re-caption filed on November 17, 2010, with the re-captioning order entered November 18, 2014.

The parties filed a joint stipulation on March 21, 2014. Respondent denied that the influenza vaccine caused Ms. Chester to suffer GBS or Chronic Inflammatory Demyelinating Polyneuropathy or any other injury. Nevertheless, the parties agreed to resolve the case through stipulation. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Ms. Chester's estate received a lump sum payment of $120,000.00 representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On April 24, 2014, the parties filed a stipulation concerning final attorneys' fees and costs, agreeing to an award of $84,082.51, an amount to which respondent did not object after petitioner amended her application following respondent's review. Special Master Hamilton-Fieldman awarded $84,082.51, payable jointly to petitioner and petitioner's attorney, Franklin Caldwell, Jr., of the law firm Maglio, Christopher & Toale.

Theory of causation field:
Flu vaccine Oct 25, 2008 → GBS (also CIDP mentioned by respondent). Barbara Chester died during proceedings; Charles Chester substituted as executor. Joint stipulation March 21, 2014; respondent denied causation; $120,000 lump sum. Fees $84,082.51 (SM Hamilton-Fieldman April 28, 2014). award corrected: 204082 → 120000 (DB had combined comp+fees).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_09-vv-00656-0
Date issued/filed: 2014-04-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/21/2014) regarding 67 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:09-vv-00656-UNJ Document 71 Filed 04/14/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-656V
(Filed: March 21, 2014)
* * * * * * * * * * * * * *
CHARLES M. CHESTER, as *
Executor of the Estate of BARBARA * Stipulation; Influenza Vaccine;
CHESTER, * Guillain-Barré Syndrome
*
Petitioner, *
*
*
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Franklin Caldwell, Jr., Sarasota, FL, for Petitioner
Traci Patton, Washington, DC, for Respondent
UNPUBLISHED DECISION1
On March 21, 2014, Respondent filed a joint stipulation concerning the petition
for compensation filed by Barbara Chester on October 2, 2009.2 In her petition,
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this order on the United
States Court of Federal Claims website, 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). Otherwise, “the entire”
order will be available to the public. Id.

Case 1:09-vv-00656-UNJ Document 71 Filed 04/14/14 Page 2 of 2
Petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury
Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on October 25, 2008,
caused her to develop Guillain-Barré Syndrome (GBS). Petitioner represents that there
has been no prior award or settlement of a civil action for damages on behalf as a result
of Ms. Chester’s alleged vaccine-related injury or death. Stipulation at ¶¶ 2, 4, 5.
Respondent denies that the influenza vaccine caused Ms. Chester to suffer GBS
and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIPD) or any other injury.
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:
8. A lump sum payment of $120,000.00 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 at ¶8.
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the
clerk is directed to enter judgment in case 09-656V according to this decision and the
attached stipulation.3
Any questions may be directed to my law clerk, Camille Collett, at (202) 357-
6361.
IT IS SO ORDERED.
s/Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2 On November 17, 2010, Petitioner filed a motion to re-caption the case as
Petitioner died. The undersigned granted the order re-captioning the case to reflect
Charles Chester as executor of his wife’s estate as the proper Petitioner on November 18,
2014.
3 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.

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_09-vv-00656-1
Date issued/filed: 2014-05-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/28/2014) regarding 73 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:09-vv-00656-UNJ Document 76 Filed 05/20/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-656V
(Filed: April 28, 2014)
* * * * * * * * * * * * * *
CHARLES M. CHESTER, as *
Executor of the Estate of BARBARA * Stipulation of Facts; Attorneys’ Fees and
CHESTER, * Costs
*
Petitioner, *
*
*
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Franklin Caldwell, Jr., Sarasota, FL, for Petitioner
Traci Patton, Washington, DC, for Respondent
UNPUBLISHED DECISION1
On April 24, 2014, the parties filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, Petitioner had
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this order on the United
States Court of Federal Claims website, 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). Otherwise, “the entire”
order will be available to the public. Id.

Case 1:09-vv-00656-UNJ Document 76 Filed 05/20/14 Page 2 of 2
informally submitted a draft application for attorneys’ fees and costs to Respondent for
review. Upon review of Petitioner’s application, Respondent raised objections to certain
items. Based on subsequent discussions, Petitioner amended her application to request
$ 84,082.51, an amount to which respondent does not object. The Court awards this
amount.
On October 2, 2009, Barbara Chester filed a petition for compensation alleging
that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”),
alleging that she suffered certain injuries as a result of receiving a vaccination. Upon Ms.
Chester’s death, Charles Chester as the executor of Ms. Chester’s estate, was substituted
as Petitioner. Among the injuries Petitioner alleged that Ms. Chester suffered as a result
of receiving an influenza vaccination was Guillain-Barré syndrome (GBS). Petitioner
received compensation based upon the parties’ stipulation. Decision, filed March 21,
2014. 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 $84,082.51 in attorneys’ fees and costs for his counsel
(with no out-of-pocket litigation expenses incurred by Petitioner per 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 $84,082.51 in the form of a check made payable to petitioner
and petitioner’s attorney, Franklin Caldwell, of the law firm Maglio,
Christopher & Toale, for attorneys’ fees and costs
available under 42 U.S.C. § 300aa-15(e).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the
clerk shall enter judgment accordingly.2
Any questions may be directed to my law clerk, Camille Collett, at (202) 357-
6361.
IT IS SO ORDERED.
s/Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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.