VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00266
Package ID: USCOURTS-cofc-1_11-vv-00266
Petitioner: Sean David Murphy
Filed: 2014-09-19
Decided: 2014-10-16
Vaccine: influenza
Vaccination date: 2010-10-04
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 110809

AI-assisted case summary:
Sean David Murphy filed a petition on September 19, 2014, alleging that the influenza vaccine he received on October 4, 2010, caused him to suffer Guillain-Barré syndrome (GBS). The respondent is the Secretary of Health and Human Services. The case proceeded based on a stipulation of fact regarding attorneys' fees and costs. Petitioner received compensation for his GBS injury based on the parties' proffer, as confirmed by a prior decision filed on March 25, 2014. Following this compensation, petitioner was entitled to an award of attorneys' fees and costs. Petitioner's counsel, Nancy R. Meyers of Ward Black Law, sought a total of $110,809.74 in attorneys' fees and costs. Petitioner stated he incurred no out-of-pocket litigation expenses. The respondent, represented by Michael P. Milmore of the U.S. Department of Justice, did not object to the requested amount for attorneys' fees and costs. Special Master Christian J. Moran reviewed the request and awarded a lump sum of $110,809.74. This amount was to be paid via check made payable to both Sean David Murphy and his attorney, Nancy R. Meyers. The parties represented that a portion of these fees would be allocated to petitioner's previous counsel, Joseph Sarda, and Ms. Meyers agreed to distribute the appropriate amount. The Special Master thanked the parties for their cooperative efforts. The Clerk was ordered to enter judgment accordingly. The decision was issued on October 16, 2014.

Theory of causation field:
The petitioner, Sean David Murphy, alleged that the influenza vaccine received on October 4, 2010, caused Guillain-Barré syndrome (GBS). The case proceeded as a Table claim. Compensation was awarded based on the parties' proffer, as confirmed by a prior decision on March 25, 2014. The current decision, dated October 16, 2014, addresses attorneys' fees and costs. Petitioner's counsel, Nancy R. Meyers, sought $110,809.74 in fees and costs, which the respondent did not object to. Special Master Christian J. Moran awarded this amount, payable to the petitioner and his attorney, with a portion to be distributed to previous counsel, Joseph Sarda. The public decision does not detail the specific medical evidence, expert testimony, or the mechanism of causation considered for the GBS injury itself, only that compensation was awarded based on the parties' proffer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00266-0
Date issued/filed: 2014-10-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/19/2014) regarding 172 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:11-vv-00266-UNJ Document 175 Filed 10/16/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SEAN DAVID MURPHY, *
* No. 11-266V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: September 19, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Nancy R. Meyers, Ward Black Law, Greensboro, NC, for Petitioner;
Michael P. Milmore, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On September 12, 2014, respondent filed a stipulation of fact concerning
final attorneys’ fees and costs in the above-captioned matter. On August 18, 2014,
petitioner filed a motion for attorneys’ fees and costs. Upon review of petitioner’s
motion, respondent raised objections to certain items. Based on subsequent
discussions, petitioner amended his application to request $110,809.74, an amount
to which respondent does not object. The Court awards this amount.
On April 29, 2011, Sean Murphy filed a petition for compensation alleging
that the influenza vaccine, which he received on October 4, 2010, caused him to
suffer Guillain-Barré syndrome (“GBS”). Petitioner received compensation based
upon the parties’ proffer. Decision, filed Mar. 25, 2014. Because petitioner
received compensation, he is entitled to an award of attorneys’ fees and costs. 42
U.S.C. § 300aa-15(e).
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:11-vv-00266-UNJ Document 175 Filed 10/16/14 Page 2 of 2
Petitioner seeks a total of $110,809.74 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he did not incur any out-of-pocket litigation expenses while pursuing this
claim. 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 $110,809.74, in the form of a check made payable to
petitioner and petitioner’s attorney, Nancy R. Meyers, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).
The parties have represented that a portion of these fees will be allocated to
petitioner’s previous counsel, Mr. Joseph Sarda. Ms. Meyers has agreed to
distribute the appropriate amount accordingly.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2