VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00602 Package ID: USCOURTS-cofc-1_12-vv-00602 Petitioner: John Barlow Filed: 2014-04-02 Decided: 2014-04-02 Vaccine: influenza Vaccination date: 2009-09-22 Condition: transverse myelitis Outcome: compensated Award amount USD: 250000 AI-assisted case summary: John Barlow filed a petition on April 2, 2014, alleging that he suffered from transverse myelitis (TM) as a result of receiving an influenza vaccine on September 22, 2009. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Barlow's TM or any other injury. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Mr. Barlow $250,000.00 in compensation for all damages. Additionally, the Special Master awarded $16,838.88 for attorneys' fees and costs, payable jointly to Mr. Barlow and his attorney, Donald P. Edwards. The decision was issued on April 2, 2014. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert testimony. Theory of causation field: Petitioner John Barlow alleged that his transverse myelitis (TM) was caused by an influenza vaccine received on September 22, 2009. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The award was $250,000.00 for all damages and $16,838.88 for attorneys' fees and costs, payable jointly to petitioner and his attorney, Donald P. Edwards. The decision was issued on April 2, 2014. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00602-0 Date issued/filed: 2014-04-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/02/2014) regarding 26 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00602-UNJ Document 30 Filed 04/23/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-602V Filed: April 2, 2014 Not for Publication ************************************* JOHN BARLOW, * * Petitioner, * * Damages decision based on v. * stipulation; influenza vaccine; * transverse myelitis; fees and costs SECRETARY OF HEALTH * decision based on stipulation AND HUMAN SERVICES, * * Respondent. * * ************************************* Donald P. Edwards, Atlanta, GA, for petitioner. Traci R. Patton, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1 On April 2, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from transverse myelitis (“TM”) as a result of his receipt of influenza (“flu”) vaccine on September 22, 2009. Respondent denies that petitioner’s TM, or any other injury, was caused in fact by the flu vaccine. Nonetheless, the parties agreed to resolve this matter informally. The court finds the terms to be reasonable, hereby adopts the parties’ stipulation, and 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-00602-UNJ Document 30 Filed 04/23/14 Page 2 of 7 awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $250,000.00, representing 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 made payable to petitioner in the amount of $250,000.00. The parties have also agreed on an appropriate amount for attorneys’ fees and costs in this case. In compliance with General Order #9, petitioner represents that he incurred no out-of- pocket expenses in pursuit of his petition. Petitioner requests $16,838.88 in attorneys’ fees and costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards a lump sum of $16,838.88, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and the Law Office of Donald P. Edwards in the amount of $16,838.88. 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: April 2, 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 Case 1:12-vv-00602-UNJ Document 30 Filed 04/23/14 Page 3 of 7 Case 1:12-vv-00602-UNJ Document 30 Filed 04/23/14 Page 4 of 7 Case 1:12-vv-00602-UNJ Document 30 Filed 04/23/14 Page 5 of 7 Case 1:12-vv-00602-UNJ Document 30 Filed 04/23/14 Page 6 of 7 Case 1:12-vv-00602-UNJ Document 30 Filed 04/23/14 Page 7 of 7