VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00636 Package ID: USCOURTS-cofc-1_12-vv-00636 Petitioner: Richard Nordin Filed: 2014-03-06 Decided: 2014-04-08 Vaccine: influenza Vaccination date: 2009-10-07 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 13500 AI-assisted case summary: Clarice Nordin, as Trustee for the Estate of Richard Nordin, filed a petition on March 6, 2014, alleging that Richard Nordin received an influenza vaccine on October 7, 2009. The petition asserted that within approximately two weeks of vaccination, Richard Nordin developed Guillain-Barré Syndrome (GBS). It was further alleged that he suffered from GBS until his death from cancer on December 6, 2010. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused GBS or any other injury, and also denied that Richard Nordin's death was a sequela of vaccine-related GBS. The parties ultimately resolved the case through a stipulation of fact. Special Master Laura D. Millman adopted the stipulation. On April 8, 2014, the court awarded compensation in the amount of $13,500.00 for all damages, representing a lump sum payment. Separately, on March 6, 2014, Special Master Millman awarded $17,250.00 for attorneys' fees and costs, payable jointly to the petitioner and her counsel, Lommen, Abdo, Cole, King & Stageberg. Sheila A. Bjorklund represented the petitioner, and Michael P. Milmoe represented the respondent. Theory of causation field: Petitioner alleged that Richard Nordin received an influenza vaccine on October 7, 2009, and within approximately two weeks developed Guillain-Barré Syndrome (GBS). Petitioner further alleged that Richard Nordin suffered from GBS until his death from cancer on December 6, 2010. Respondent denied that the flu vaccine caused GBS or any other injury, and denied that Richard's death was a sequela of vaccine-related GBS. The parties reached a stipulation of fact to resolve the case. The Special Master adopted the stipulation and awarded $13,500.00 for all damages. The public decision does not describe the specific mechanism of causation, medical experts, onset symptoms, diagnostic tests, or treatments. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00636-0 Date issued/filed: 2014-03-27 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/06/2014) regarding 17 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00636-UNJ Document 19 Filed 03/27/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-636V Filed: March 6, 2014 Not for Publication ************************************* CLARICE NORDIN, Trustee for the Estate * of RICHARD NORDIN, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Sheila A. Bjorklund, Minneapolis, MN, for petitioner. Michael P. Milmoe, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On March 6, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with the General Order #9 requirement, petitioner asserts that she incurred no out-of-pocket expenses in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised 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-00636-UNJ Document 19 Filed 03/27/14 Page 2 of 2 objections to certain items in petitioner’s application. Based on these objections, petitioner amends her request for reimbursement for attorneys’ fees and costs to $17,250.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $17,250.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Lommen, Abdo, Cole, King & Stageberg in the amount of $17,250.00. 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: March 6, 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00636-1 Date issued/filed: 2014-04-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/08/2014) regarding 24 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00636-UNJ Document 29 Filed 04/30/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-636V Filed: April 8, 2014 Not for Publication ************************************* CLARICE NORDIN, Trustee for the * Estate of RICHARD NORDIN, * * Petitioner, * * Damages decision based on stipulation; v. * flu vaccine; Guillain-Barré Syndrome * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Sheila A. Bjorklund, Minneapolis, MN, for petitioner. Michael P. Milmoe, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On April 8, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that her deceased husband, Richard Nordin, suffered Guillain-Barré Syndrome (“GBS”) that was caused by his October 7, 2009, receipt of influenza (“flu”) vaccine. Petitioner alleges that Richard suffered the first symptom of GBS within approximately two weeks of receiving the flu vaccine. She further alleges that he suffered from GBS until his death from cancer on December 6, 2010. Respondent denies that the 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-00636-UNJ Document 29 Filed 04/30/14 Page 2 of 7 flu vaccine caused Richard to suffer GBS or any other injury, and further denies that Richard’s death was a sequela of his allegedly vaccine-related GBS. 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 $13,500.00, 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 $13,500.00 made payable to petitioner. 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 8, 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-00636-UNJ Document 29 Filed 04/30/14 Page 3 of 7 Case 1:12-vv-00636-UNJ Document 29 Filed 04/30/14 Page 4 of 7 Case 1:12-vv-00636-UNJ Document 29 Filed 04/30/14 Page 5 of 7 Case 1:12-vv-00636-UNJ Document 29 Filed 04/30/14 Page 6 of 7 Case 1:12-vv-00636-UNJ Document 29 Filed 04/30/14 Page 7 of 7