VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00811
Package ID: USCOURTS-cofc-1_11-vv-00811
Petitioner: James Persinger
Filed: 2011-12-02
Decided: 2014-06-05
Vaccine: hepatitis A
Vaccination date: 2010-05-09
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 475000

AI-assisted case summary:
James Persinger filed a petition on December 2, 2011, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that a hepatitis A vaccination administered on May 9, 2010, caused him to develop Guillain-Barré syndrome (GBS). The respondent denied that the vaccination caused the alleged injury. However, on May 7, 2014, both parties filed a stipulation agreeing to settle the case and enter a decision awarding compensation. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation awarded Mr. Persinger a lump sum of $475,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Lawrence G. Michel of Kennedy, Berkley. Respondent was represented by Jennifer I. Reynaud of the United States Department of Justice. Subsequently, on May 15, 2014, the parties filed a stipulation for attorneys' fees and costs. Special Master Hamilton-Fieldman awarded $26,465.92, payable jointly to Mr. Persinger and his counsel, Lawrence G. Michel. Mr. Persinger stated that he had not personally incurred any reimbursable costs in pursuit of his claim. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the medical experts consulted.

Theory of causation field:
Petitioner James Persinger alleged that a Hepatitis A vaccine administered on May 9, 2010, caused him to develop Guillain-Barre syndrome (GBS). Respondent denied causation. The parties reached a settlement via stipulation filed May 7, 2014. Special Master Hamilton-Fieldman adopted the stipulation, awarding Petitioner $475,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were awarded separately on May 15, 2014, totaling $26,465.92, payable jointly to Petitioner and his counsel, Lawrence G. Michel of Kennedy, Berkley. The public decision does not detail the specific mechanism of causation, medical experts, or evidence presented, as the case was resolved by stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_11-vv-00811-0
Date issued/filed: 2014-05-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/07/2014) regarding 45 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:11-vv-00811-UNJ Document 54 Filed 05/29/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-811V
(E-Filed: May 7, 2014)
* * * * * * * * * * * * * * *
JAMES PERSINGER, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Hepatitis A vaccine; Guillain-Barre
SECRETARY OF HEALTH AND * syndrome; Decision; Stipulation.
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Lawrence G. Michel, Kennedy, Berkley, et al., Salina, KS, for Petitioner.
Jennifer I. Reynaud, United States Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 2, 2011, Petitioner filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“the Vaccine Program”). Petitioner
alleged that she was injured by the administration of a hepatitis A vaccination on May 9,
2010, and that she thereafter suffered Guillain-Barre syndrome (“GBS”). Petitioner
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this decision 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.” Otherwise, “the entire”
decision will be available to the public. Id.
1

Case 1:11-vv-00811-UNJ Document 54 Filed 05/29/14 Page 2 of 7
alleged that this condition was caused-in-fact by his hepatitis A vaccination.2
Respondent denies that Petitioner’s vaccination caused her injury. Nonetheless,
both parties, while maintaining their above stated positions, agreed in a Stipulation, filed
May 7, 2014, (“Stipulation”) that the issues before them can be settled and that a decision
should be entered awarding Petitioner compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $475,000.00, 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) to which Petitioner would be
entitled.
Stipulation ¶ 8.
The undersigned approves the requested amounts for Petitioner’s compensation.
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/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
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 et seq. (2006). All citations in this decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa.
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

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00811-1
Date issued/filed: 2014-06-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/15/2014) regarding 50 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:11-vv-00811-UNJ Document 55 Filed 06/05/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-811V
(E-Filed: May 15, 2014)
* * * * * * * * * * * * * * *
JAMES PERSINGER, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Lawrence G. Michel, Kennedy, Berkley, et al., Salina, KS, for Petitioner.
Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the
undersigned issued a decision on May 7, 2014. On May 15, 2014, the parties filed a
stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation
requests a total payment of $26, 465.92, representing total attorneys’ fees and costs.
Pursuant to General Order #9, Petitioner stated that he has not incurred any reimbursable
costs in pursuit of his claim.
1 The undersigned intends to post this unpublished decision 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 trade
secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:11-vv-00811-UNJ Document 55 Filed 06/05/14 Page 2 of 2
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award the amount of $26, 465.92,
in the form of a check made payable jointly to Petitioner and Petitioner’s counsel,
Lawrence G. Michel, Esq.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2