VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00343
Package ID: USCOURTS-cofc-1_12-vv-00343
Petitioner: Charles Fout
Filed: 2012-05-31
Decided: 2015-05-15
Vaccine: influenza
Vaccination date: 2010-09-08
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Charles Fout filed a petition on May 31, 2012, alleging that an influenza vaccination received on September 8, 2010, caused him to develop Guillain-Barré Syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury, and further denied that petitioner's current disabilities were sequelae of a vaccine-related injury. Despite the denial of causation, both parties filed a joint stipulation on July 18, 2014, agreeing to settle the case. Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $80,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Benjamin Scott Barnes of Hall and Butler, and the respondent was represented by Michael Patrick Milmoe of the United States Department of Justice. On April 21, 2015, the parties filed a separate stipulation concerning attorneys' fees and costs. Special Master Dorsey approved an award of $11,750.00, payable jointly to petitioner Charles Fout and his counsel, Benjamin Scott Barnes. Petitioner had not advanced any reimbursable out-of-pocket costs. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation.

Theory of causation field:
Petitioner Charles Fout alleged that an influenza vaccine administered on September 8, 2010, caused him to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation on July 18, 2014, to settle the claim. Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $80,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Benjamin Scott Barnes of Hall and Butler, and respondent was represented by Michael Patrick Milmoe. A subsequent stipulation on April 21, 2015, resulted in an award of $11,750.00 for attorneys' fees and costs, payable jointly to petitioner and his counsel. The public decision does not detail the specific medical experts, the mechanism of injury, or the evidence presented regarding causation, relying instead on the parties' stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00343-0
Date issued/filed: 2014-08-08
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/18/2014) regarding 38 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:12-vv-00343-UNJ Document 42 Filed 08/08/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-343V
Filed: July 18, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
CHARLES FOUT, *
* Special Master Dorsey
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine; Guillain
* Barre Syndrome (GBS)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Benjamin Scott Barnes, Hall and Butler, Bowie, MD, for petitioner.
Michael Patrick Milmoe, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On May 31, 2012, Charles Fout (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that an influenza vaccine he received on September 8, 2010, caused him to suffer Guillain-Barré
Syndrome. See Petition at 1.
On July 18, 2014, the parties filed a stipulation, stating that a decision should be entered
awarding compensation.
Respondent denies that the flu vaccine caused petitioner’s alleged GBS, or any other
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 1:12-vv-00343-UNJ Document 42 Filed 08/08/14 Page 2 of 8
injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related
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 stipulated that petitioner shall receive the following compensation:
A lump sum of $80,000.00, 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/ Nora Beth Dorsey
Nora Beth Dorsey
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-00343-1
Date issued/filed: 2015-05-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/21/2015) regarding 45 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:12-vv-00343-UNJ Document 46 Filed 05/15/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 21, 2015
* * * * * * * * * * * * * * UNPUBLISHED
CHARLES FOUT. * No. 12-343V
*
Petitioner, * Special Master Dorsey
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Benjamin Scott Barnes, Hall and Butler, Bowie, MD, for petitioner.
Michael Patrick Milmoe, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On May 31, 2012, Charles Fout (“petitioner”), filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that an influenza (“flu”) vaccination that he received on September 8, 2010, caused him to suffer
Guillain-Barrė syndrome. See Petition at 1. On July 18, 2014, the undersigned entered a
decision awarding compensation to petitioner based on a stipulation filed by the parties.
On April 21, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and
Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire decision will be available to the
public. Id.
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 1:12-vv-00343-UNJ Document 46 Filed 05/15/15 Page 2 of 2
attorneys’ fees and costs in the amount of $11,750.00. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not advance any reimbursable costs in pursuit of this
claim.
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 petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, Benjamin
Scott Barnes of the law firm of Hall and Butler, in the amount of $11,750.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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