VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00760
Package ID: USCOURTS-cofc-1_09-vv-00760
Petitioner: Keith Pryor
Filed: 2009-11-06
Decided: 2015-06-25
Vaccine: influenza
Vaccination date: 2006-11-01
Condition: Guillain-Barré Syndrome (“GBS”) and/or an acute complication or sequella of an illness, disability, injury, or condition; weakness and numbness in his arms, legs, feet, hands, and overall; severe headaches, postural tachycardia, palpitations, blurred vision, dizziness, fatigue, tinnitus, weight loss, and chest pain; autonomic dysfunction; autonomic syndrome.
Outcome: compensated
Award amount USD: 325000

AI-assisted case summary:
Keith Pryor filed a petition on November 6, 2009, and filed an amended petition on June 23, 2011, alleging that a trivalent influenza vaccine he received on November 1, 2006 caused him to develop weakness and numbness in his arms, legs, feet, and hands; severe headaches; postural tachycardia; palpitations; blurred vision; dizziness; fatigue; tinnitus; weight loss; and chest pain. The amended petition also alleged Guillain-Barré syndrome or acute complications or sequelae. In prehearing submissions, Mr. Pryor argued that his injuries were consistent with autonomic dysfunction and autonomic syndrome.

An entitlement hearing was held on January 9 and 10, 2013. No decision was entered on the basis of that hearing, as the parties subsequently decided to engage in post-hearing settlement discussions. The parties filed a joint stipulation on August 5, 2014. Respondent denied that the flu vaccine was the cause of Mr. Pryor's injuries. Nevertheless, the parties agreed to resolve the case through stipulation. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Mr. Pryor received a lump sum payment of $325,000.00 representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On May 29, 2015, the parties filed a stipulation concerning attorneys' fees and costs, agreeing to an award of $120,000.00. Mr. Pryor represented that he did not incur any reimbursable costs. Special Master Gowen awarded $120,000.00, payable jointly to Mr. Pryor and his attorney, Brian R. Arnold, of Brian R. Arnold & Associates, Dallas, Texas.

Theory of causation field:
Flu vaccine Nov 1, 2006 → GBS + weakness/numbness/headaches/postural tachycardia/autonomic dysfunction. Entitlement hearing Jan 9-10, 2013; settled post-hearing. Joint stipulation Aug 5, 2014; $325,000 lump sum (SM Gowen). Fees $120,000 (June 1, 2015). All DB dates correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_09-vv-00760-0
Date issued/filed: 2014-08-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/6/2014) regarding 135 DECISION Stipulation/Proffer, (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:09-vv-00760-UNJ Document 136 Filed 08/27/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-760V
Filed: August 6, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
KEITH PRYOR, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Trivalent Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Weakness; Numbness; Headaches;
AND HUMAN SERVICES, * Postural Tachycardia; Palpitations;
* Blurred Vision; Dizziness; Fatigue;
Respondent. * Tinnitus; Weight Loss; Chest Pain;
* Autonomic Dysfunction; Autonomic
* * * * * * * * * * * * * * * * Syndrome.
Brian R. Arnold, Brian R. Arnold & Associates, Dallas, TX, for petitioner.
Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On November 6, 2009, Keith Pryor (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). On June 23,
2011, petitioner filed an amended petition in which he alleged that, as a result of receiving an
Influenza (“Flu”) Vaccine on November 1, 2006, he developed weakness and numbness in his
arms, legs, feet, hands, and overall; severe headaches, postural tachycardia, palpitations, blurred
vision, dizziness, fatigue, tinnitus, weight loss, and chest pain; and Guillain-Barré syndrome
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.
1

Case 1:09-vv-00760-UNJ Document 136 Filed 08/27/14 Page 2 of 7
(“GBS”) “and/or an acute complication or sequella of an illness, disability, injury, or condition.”
Amended Petition at 3. Petitioner later argued that his injuries were consistent with autonomic
dysfunction. See Petitioner’s Amended Pre-Hearing Submissions, filed December 13, 2012, at
16.
On January 9 and January 10, 2013, an entitlement hearing was held. A decision was
never entered on the basis of that hearing, however, because the parties decided to engage in
post-hearing settlement discussions. See Joint Status Report, dated November 7, 2013, at 1.
On August 5, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu immunization is the
cause of petitioner’s alleged injury/ injuries and/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 stipulate that petitioner shall receive the following compensation:
A lump sum of $325,000.00, 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.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.
2

CCaassee 11::0099--vvvv--0000776600--UUNNJJ DDooccuummeenntt 113346 FFiilleedd 0088//0257//1144 PPaaggee 13 ooff 57

CCaassee 11::0099--vvvv--0000776600--UUNNJJ DDooccuummeenntt 113346 FFiilleedd 0088//0257//1144 PPaaggee 24 ooff 57

CCaassee 11::0099--vvvv--0000776600--UUNNJJ DDooccuummeenntt 113346 FFiilleedd 0088//0257//1144 PPaaggee 35 ooff 57

CCaassee 11::0099--vvvv--0000776600--UUNNJJ DDooccuummeenntt 113346 FFiilleedd 0088//0257//1144 PPaaggee 46 ooff 57

CCaassee 11::0099--vvvv--0000776600--UUNNJJ DDooccuummeenntt 113346 FFiilleedd 0088//0257//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_09-vv-00760-1
Date issued/filed: 2015-06-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/01/2015) regarding 143 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:09-vv-00760-UNJ Document 144 Filed 06/25/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-760V
Filed: June 1, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KEITH PRYOR, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Brian R. Arnold, Brian R. Arnold & Associates, Dallas, TX, for petitioner.
Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On November 6, 2009, Keith Pryor (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). On June 23, 2011,
petitioner filed an amended petition in which he alleged that as a result of receiving an influenza
(“flu”) vaccine on November 1, 2006, he developed Guillain-Barré Syndrome (“GBS”). On
August 5, 2014, the parties filed a stipulation in which they agreed to an award of compensation
to petitioner. On August 6, 2014, the undersigned issued a decision adopting the parties’ stipulation
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.
1

Case 1:09-vv-00760-UNJ Document 144 Filed 06/25/15 Page 2 of 2
for an award. See Decision on J. Stip., filed Aug. 6, 2014.
On May 29, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $120,000.00. Stip.
for Fees and Costs ¶ 2. Respondent does not object. Id. In accordance with General Order #9,
petitioner represents that he did not incur any reimbursable costs in pursuit of this claim. Id. at ¶
3.
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:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Brian R. Arnold, of Brian R. Arnold & Associates, in the amount of $120,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance 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.
2