VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00538
Package ID: USCOURTS-cofc-1_12-vv-00538
Petitioner: Norman Klegon
Filed: 2012-08-08
Decided: 2014-12-11
Vaccine: influenza
Vaccination date: 2010-10-14
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
A petition was filed on August 8, 2012, on behalf of Norman Klegon, alleging that an influenza vaccination he received on October 14, 2010 caused him to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. Mr. Klegon died on September 28, 2013, of arteriosclerotic cardiovascular disease. Dorothy Freedland, Bette Klegon, and Amanda Arguelles served as legal representatives of Mr. Klegon's estate.

Respondent denied that the flu vaccine caused Mr. Klegon's GBS, any other injury, or his death. Nonetheless, both parties agreed in a stipulation filed August 7, 2014 to settle the case. Special Master Millman found the stipulation reasonable and adopted it as the decision of the Court. The estate received a lump sum of $85,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Special Master Millman subsequently awarded $25,234.70 in attorneys' fees and costs: $23,225.70 payable jointly to petitioners and their counsel, John R. Howie Jr. of Howie Law PC; $1,004.50 to Dorothy Freedland; and $1,004.50 to Bette Klegon, representing their personal costs.

Theory of causation field:
Flu Oct 14, 2010 → GBS; death Sep 28, 2013 (arteriosclerotic cardiovascular disease; not alleged as sequela). Reps: Freedland, Klegon, Arguelles (estate). Stipulation Aug 7, 2014; SM Millman. $85,000. Fees $25,234.70 (Howie Law PC, Dallas TX; + personal costs).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00538-0
Date issued/filed: 2014-09-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/08/2014) regarding 42 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00538-UNJ Document 47 Filed 09/02/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-538V
Filed: August 8, 2014
Not for Publication
*************************************
DOROTHY FREEDLAND, BETTE *
KLEGON, and AMANDA ARGUELLES, *
as Legal Representatives of the Estate of *
NORMAN KLEGON, *
*
Petitioners, *
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; Guillain-Barré
* Syndrome (GBS)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
John R. Howie, Jr., Dallas, TX, for petitioner.
Althea W. Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On August 7, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioners allege that Norman Klegon suffered
from Guillain-Barré Syndrome (“GBS”) as a result of his October 14, 2010, receipt of influenza
(“flu”) vaccine. They further allege that he experienced the residual effects of this injury for more
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:12-vv-00538-UNJ Document 47 Filed 09/02/14 Page 2 of 7
than six months. Mr. Klegon died on September 28, 2013, of arteriosclerotic cardiovascular
disease. Respondent denies that the flu vaccine caused Mr. Klegon’s GBS, any other injury, or
his death. Nonetheless, the parties agreed to resolve this matter informally.
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$85,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $85,000.00 made payable to
petitioners, as the legal representatives of the Estate of Norman Klegon.
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.2
IT IS SO ORDERED.
Dated: August 8, 2014 s/ Laura D. Millman
by Nora Beth Dorsey
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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Case 1:12-vv-00538-UNJ Document 47 Filed 09/02/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00538-1
Date issued/filed: 2014-12-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/19/2014) regarding 49 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:12-vv-00538-UNJ Document 52 Filed 12/11/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-538V
Filed: November 19, 2014
Not for Publication
*************************************
DOROTHY FREEDLAND, BETTE *
KLEGON, and AMANDA ARGUELLES, *
as Legal Representatives of the Estate of *
NORMAN KLEGON, *
*
Petitioners, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
John R. Howie, Jr., Dallas, TX, for petitioners.
Althea W. Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On November 19, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:12-vv-00538-UNJ Document 52 Filed 12/11/14 Page 2 of 2
Petitioners submitted their request for attorneys’ fees and costs to respondent. During
informal discussions, respondent raised objections to certain items in petitioners’ application.
Based on these objections, petitioners amend their application for attorneys’ fees and costs to
$25,234.70, consisting of $19,864.00 for attorneys’ fees, $3,361.70 for attorneys’ costs, $1,004.50
for costs incurred by Dorothy Freedland, and $1,004.50 for costs incurred by Bette Klegon.
Respondent does not object to this amount. The undersigned finds this amount to be reasonable.
Accordingly, the court awards:
a. $23,225.70, representing reimbursement for attorneys’ fees and costs. The award
shall be in the form of a check payable jointly to petitioners and Howie Law, P.C. in
the amount of $23,225.70;
b. $1,004.50, representing reimbursement for petitioner Dorothy Freedland’s costs.
The award shall be in the form of a check payable to Dorothy Freedland in the
amount of $1,004.50; and
c. $1,004.50, representing reimbursement for petitioner Bette Klegon’s costs. The
award shall be in the form of a check payable to Bette Klegon in the amount of
$1,004.50.
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.2
IT IS SO ORDERED.
Dated: November 19, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2