VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00629
Package ID: USCOURTS-cofc-1_11-vv-00629
Petitioner: Louis Benson
Filed: 2011-09-29
Decided: 2015-12-16
Vaccine: trivalent influenza
Vaccination date: 2010-10-12
Condition: Guillain-Barrè syndrome (“GBS”)
Outcome: compensated
Award amount USD: 152500

AI-assisted case summary:
Louis Benson filed a petition on September 29, 2011, alleging that a trivalent influenza vaccination he received on October 12, 2010 caused him to develop Guillain-Barré syndrome, with residual effects lasting more than six months.

On March 23, 2015, the parties filed a stipulation. Respondent denied that the flu vaccination caused petitioner to suffer GBS or any other injury or condition. Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Corcoran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $152,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On August 24, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Corcoran awarded $26,000.00, payable jointly to petitioner and his counsel, F. John Caldwell Jr. of Maglio Christopher and Toale. Petitioner did not personally incur any expenses in litigating this case.

Theory of causation field:
Flu (trivalent) Oct 12, 2010 → GBS. Stipulation March 23, 2015; respondent denied causation; SM Corcoran. $152,500. Fees $26,000 (Caldwell).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00629-0
Date issued/filed: 2015-07-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/23/2015) Regarding 54 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00629-UNJ Document 58 Filed 07/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-629V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
LOUIS BENSON, * Filed: March 23, 2015
*
* Decision by Stipulation; Damages;
Petitioner, * Trivalent Influenza (“Flu”) Vaccine;
* Guillain-Barrè Syndrome (“GBS”)
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Franklin Caldwell, Jr., Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Traci Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 29, 2011, Louis Benson filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed Guillain-
Barrè syndrome (“GBS”) as a result of receiving the trivalent influenza (“flu”) vaccine on October
12, 2010, and that his vaccine related injuries lasted more than six months.
Respondent denies that the flu vaccine caused Petitioner to suffer GBS or any other injury
or condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises 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-10 to 34 (2006)) [hereinafter
“Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:11-vv-00629-UNJ Document 58 Filed 07/28/15 Page 2 of 7
stipulation (filed March 23, 2015) that the issues before them could be settled, and that a decision
should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $152,500.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under 42 U.S.C. ' 300aa-15(a).
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk
of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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Case 1:11-vv-00629-UNJ Document 58 Filed 07/28/15 Page 4 of 7

Case 1:11-vv-00629-UNJ Document 58 Filed 07/28/15 Page 5 of 7

Case 1:11-vv-00629-UNJ Document 58 Filed 07/28/15 Page 6 of 7

Case 1:11-vv-00629-UNJ Document 58 Filed 07/28/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_11-vv-00629-1
Date issued/filed: 2015-12-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/24/2015) Regarding 60 DECISION Fees Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00629-UNJ Document 63 Filed 12/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-629V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
LOUIS BENSON, * Filed: August 24, 2015
*
* Decision by Stipulation;
Petitioner, * Attorney’s Fees and Costs
*
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Franklin Caldwell, Jr., Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Traci Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On September 29, 2011, Louis Benson filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 ECF No. 1. Thereafter, on March 23, 2015, the
parties filed a stipulation settling the case and detailing the amount to be awarded to Petitioner.
ECF No. 53. I subsequently issued a decision finding the parties’ stipulation to be reasonable and
granting Petitioner an award as outlined in the stipulation. ECF No. 54.
1 Because this decision contains a reasoned explanation for my actions in this case, I will post it 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential
information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 whole decision will be available to
the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)).

Case 1:11-vv-00629-UNJ Document 63 Filed 12/16/15 Page 2 of 2
On August 24, 2015, the parties filed another stipulation, this time regarding attorney’s
fees and costs. ECF No. 59. Petitioner requests reimbursement of attorney’s fees and costs in the
amount of $26,000.00. Id. This amount represents a sum to which Respondent does not object. Id.
In addition, and in compliance with General Order No. 9, Petitioner’s counsel represents that
Petitioner did not personally incur any expenses in litigating this case. Id.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $26,000.00 shall be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, F. John Caldwell, Jr., Esq. Payment of this amounts represents all attorney’s
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 of the court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2