VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00103
Package ID: USCOURTS-cofc-1_12-vv-00103
Petitioner: Edward M Haney
Filed: 2012-02-13
Decided: 2016-01-13
Vaccine: influenza
Vaccination date: 2009-10-13
Condition: Guillain-Barré Syndrome and a shoulder injury
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Edward M. Haney filed a petition on February 13, 2012, alleging that influenza vaccinations he received on October 13, 2009 and November 6, 2012 caused him to develop Guillain-Barré Syndrome (GBS) and a shoulder injury, with residual effects lasting more than six months.

Respondent denied that the flu vaccinations caused petitioner's GBS, shoulder injury, or any other injury. Nonetheless, both parties agreed in a stipulation filed December 10, 2015 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received: a lump sum of $150,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a) other than the Medicaid lien; and a lump sum of $56,306.95 representing compensation for a California Medicaid lien, payable jointly to petitioner and the California Department of Health Care Services, Recovery Branch (which petitioner agreed to endorse to DHCS).

On December 23, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Gowen awarded $59,091.94, payable jointly to petitioner and his counsel, Martin J. Martinez of Martinez Law Office, and $510.50 payable to petitioner only, representing reimbursable costs petitioner personally incurred in pursuit of his claim.

Theory of causation field:
Flu Oct 13, 2009 and Nov 6, 2012 → GBS + shoulder injury. Stipulation Dec 10, 2015; respondent denied causation; SM Gowen. $150,000 comp + $56,306.95 CA Medicaid lien (DHCS, Recovery Branch; petitioner endorses). Fees $59,091.94 + $510.50 personal costs (Martinez, Martinez Law Office, Napa CA).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_12-vv-00103-0
Date issued/filed: 2016-01-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/11/2015) regarding 80 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00103-UNJ Document 83 Filed 01/13/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-103V
Filed: December 11, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
EDWARD M HANEY, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome; Shoulder
SECRETARY OF HEALTH * Injury.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Martin J. Martinez, Martinez Law Office, Napa, CA, for petitioner.
Althea W. Davis, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On February 13, 2012, Edward M. Haney (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner
alleged that as a result of receiving an influenza (“flu”) vaccine on October 13, 2009 and on
November 6, 2012, he suffered Guillain-Barré Syndrome (“GBS”) and a shoulder injury.
Stipulation ¶ 2, 4, filed Dec. 10, 2015. Further, petitioner alleged that he experienced residual
effects of his injuries for more than six months. Id. at ¶ 4.
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 (2012)). 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 (2012) (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 1:12-vv-00103-UNJ Document 83 Filed 01/13/16 Page 2 of 7
On December 10, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccinations caused
petitioner’s GBS or his shoulder injury, and further denies that the flu vaccinations caused any
other injury or his current disabilities. Id. at ¶ 6. 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:
1) A lump sum of $150,000.00, in the form of a check payable to petitioner, Edward
M. Haney. This amount represent compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a), except as set forth in paragraph (2)
below,
2) A lump sum payment of $56,306.95 representing compensation for satisfaction of
the State of California Medicaid lien, in the form of a check payable jointly to
petitioner and
Department of Health Care Services
Recovery Branch—MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Acct. No.: C98420845C-VAC03
Petitioner agrees to endorse this payment to the Department of Health Care
Services, Recovery Branch—MS 4720.
Id. at ¶ 8.
The undersigned approves the requested amounts for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00103-1
Date issued/filed: 2016-01-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/23/2015) regarding 82 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00103-UNJ Document 84 Filed 01/13/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-103V
Filed: December 23, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
EDWARD M HANEY, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on
v. * Attorneys’ Fees and Costs.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Martin J. Martinez, Martinez Law Office, Napa, CA, for petitioner.
Althea W. Davis, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On February 13, 2012, Edward M. Haney (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner
alleged that as a result of receiving an influenza (“flu”) vaccine on October 13, 2009 and on
November 6, 2012, he suffered Guillain-Barré Syndrome and a shoulder injury. Stip. for Award at
¶ 2, 4, filed Dec. 10, 2015. On December 10, 2015, the parties filed a stipulation in which they
agreed to an award of compensation to petitioner. On December 11, 2015, the undersigned issued
a decision adopting the parties’ stipulation for an award. See Decision on J. Stip., filed Dec. 11,
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 (2012)). 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 (2012) (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 1:12-vv-00103-UNJ Document 84 Filed 01/13/16 Page 2 of 2
2015.
On December 23, 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 $59,091.94. Stip. for
Fees and Costs ¶ 4. Respondent does not object. Id. at ¶ 6. In accordance with General Order #9,
petitioner represents that he incurred reimbursable costs in pursuit of this claim in the amount of
$510.50. Id. at ¶ 5.
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,
Martin J. Martinez, of Martinez Law Office, in the amount of $59,091.94; and
(2) in the form of a check payable to petitioner only in the amount of $510.50.
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