VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00653
Package ID: USCOURTS-cofc-1_12-vv-00653
Petitioner: William R. Jones
Filed: 2012-09-28
Decided: 2014-08-25
Vaccine: influenza
Vaccination date: 2011-10-19
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 315000

AI-assisted case summary:
William R. Jones filed a petition on September 28, 2012, alleging that an influenza vaccination he received on October 19, 2011, a vaccine contained in the Vaccine Injury Table, caused him to develop Guillain-Barré Syndrome (GBS). Mr. Jones passed away on January 6, 2013; petitioner alleged his death was a sequela of his vaccine-related GBS. His wife, Victoria L. Jones, was substituted as petitioner and personal representative of the estate.

Respondent denied that the flu vaccine caused Mr. Jones' GBS, any other injury, or his death. Nonetheless, both parties agreed in a joint stipulation filed June 10, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $315,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a), payable to Victoria L. Jones as personal representative.

Special Master Moran also awarded $37,377.78 in attorneys' fees and costs, payable jointly to petitioner and her counsel, John R. Howie of Howie Law, P.C. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 19, 2011 → GBS; death Jan 6, 2013 (alleged sequela; respondent denied). Victoria L. Jones (wife) substituted as personal rep. Joint stipulation Jun 10, 2014; SM Moran. $315,000. Fees $37,377.78 (Howie, Howie Law, Dallas TX).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00653-0
Date issued/filed: 2014-07-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/12/2014) regarding 47 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00653-UNJ Document 51 Filed 07/10/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
VICTORIA L. JONES, as Personal *
Representative of the Estate of * No. 12-653V
WILLIAM R. JONES, * Special Master Christian J. Moran
*
Petitioner, *
v. * Filed: June 12, 2014
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”)
AND HUMAN SERVICES, * vaccine; Guillain-Barré Syndrome
* (“GBS”), death.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
John R. Howie, Howie Law, P.C., Dallas, TX, for Petitioner;
Gordon Shemin, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On June 10, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by William R. Jones on September 28, 2012. In his
petition, Mr. Jones alleged that the influenza (“flu”) vaccine, which is contained in
the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he
received on or about October 19, 2011, caused him to suffer Guillain-Barré
Syndrome (“GBS”). Mr. Jones passed away on January 6, 2013. Petitioner further
alleges that Mr. Jones’ death was the sequela of his alleged vaccine-related injury.
Petitioner represents that there has been no prior award or settlement of a civil
action for damages on behalf of Mr. Jones as a result of his condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00653-UNJ Document 51 Filed 07/10/14 Page 2 of 7
Respondent denies that Mr. Jones suffered any injury as a result of the flu
immunization administered on or about October 19, 2011, and denies that Mr.
Jones’ death was a sequela of his allegedly vaccine-related GBS.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $315,000.00 in the form of a check payable to petitioner,
as Personal Representative of the Estate of William R. Jones. This
amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 12-653V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

CCaassee 11::1122--vvvv--0000665533--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0067//1100//1144 PPaaggee 13 ooff 57

CCaassee 11::1122--vvvv--0000665533--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0067//1100//1144 PPaaggee 24 ooff 57

CCaassee 11::1122--vvvv--0000665533--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0067//1100//1144 PPaaggee 35 ooff 57

CCaassee 11::1122--vvvv--0000665533--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0067//1100//1144 PPaaggee 46 ooff 57

CCaassee 11::1122--vvvv--0000665533--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0067//1100//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00653-1
Date issued/filed: 2014-08-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/17/2014) regarding 53 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00653-UNJ Document 55 Filed 08/25/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
VICTORIA L. JONES, as Personal *
Representative of the Estate of * No. 12-653V
WILLIAM R. JONES, * Special Master Christian J. Moran
*
Petitioner, *
v. * Filed: July 17, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
John R. Howie, Howie Law, P.C., Dallas, TX, for Petitioner;
Gordon Shemin, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On July 16, 2014, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application to respondent for $37,377.78 in attorneys’
fees and costs. Respondent found petitioner’s application to be reasonable.
Accordingly, the Court awards this amount.
On September 28, 2012, William Jones filed a petition for compensation
alleging that the influenza vaccine, which he received on October 19, 2011, caused
him to suffer Guillain-Barre Syndrome. On January 6, 2013, William Jones passed
away, and his wife, Victoria L. Jones, was substituted as the petitioner in this case.
Ms. Jones received compensation based upon the parties’ stipulation. Decision,
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00653-UNJ Document 55 Filed 08/25/14 Page 2 of 2
issued June 12, 2014. Because petitioner received compensation, she is entitled to
an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $37,377.78 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $37,377.78 in the form of a check made payable to
petitioner and petitioner’s attorney, John R. Howie, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-
15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2