VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00662
Package ID: USCOURTS-cofc-1_12-vv-00662
Petitioner: Robert Prevette
Filed: 2012-10-02
Decided: 2015-05-18
Vaccine: influenza
Vaccination date: 2010-10-26
Condition: Guillain-Barré Syndrome (“GBS”) and Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”)
Outcome: compensated
Award amount USD: 1008454

AI-assisted case summary:
Robert Prevette filed a petition on October 2, 2012, alleging that an influenza vaccination he received on October 26, 2010, a vaccine contained in the Vaccine Injury Table, caused him to develop Guillain-Barré Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), with residual effects lasting more than six months.

Respondent denied that the flu vaccine caused petitioner's GBS, CIDP, any other injury, or his current disabilities. Nonetheless, both parties agreed in a joint stipulation filed March 20, 2015 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 $1,008,453.61, comprising $114,043.62 for first year life care expenses, $676,429.59 for lost earnings, $213,762.22 for pain and suffering, and $4,218.18 for past unreimbursable expenses, plus an annuity for future compensation, representing all damages available under 42 U.S.C. § 300aa-15(a).

Special Master Moran also awarded $74,219.00 in attorneys' fees and costs, payable jointly to petitioner and his counsel, Lawrence R. Cohan of Anapol, Schwartz, et al. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 26, 2010 → GBS + CIDP (Table vaccine). (Note: fees decision states Oct 10, 2010 — apparent typo; damages decision body states Oct 26, 2010.) Joint stipulation Mar 20, 2015; respondent denied causation; SM Moran. Lump $1,008,453.61 (life care $114,044 + lost earnings $676,430 + pain/suffering $213,762 + past expenses $4,218) + annuity. Fees $74,219 (Cohan, Anapol Schwartz, Philadelphia PA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00662-0
Date issued/filed: 2015-04-20
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 03/24/2015) regarding 55 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00662-UNJ Document 63 Filed 04/20/15 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ROBERT PREVETTE, * No. 12-662V
*
Petitioner, * Special Master Moran
*
v. * Filed: March 24, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”);
* Chronic Inflammatory Demyelinating
Respondent. * Polyneuropathy (“CIDP”).
* * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for Petitioner;
Michael Milmoe, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 20, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Robert Prevette on October 2, 2012. In his
petition, Mr. Prevette alleged that the influenza vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
October 26, 2010, caused him to suffer Guillain-Barré Syndrome (“GBS”) and
Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Petitioner
represents that there has been no prior award or settlement of a civil action for
damages on his behalf as a result of his condition.
Respondent denies that the influenza vaccine caused petitioner to suffer
from GBS, CIDP, or any other injury, and denies that his current disabilities are
sequelae of a vaccine-related injury.
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-00662-UNJ Document 63 Filed 04/20/15 Page 2 of 10
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. A lump sum payment of $1,008,453.61, which amount represents
compensation for first year life care expenses ($114,043.62), lost
earnings ($676,429.59), pain and suffering ($213,762.22), and past
unreimbursable expenses ($4,218.18), in the form of a check payable
to petitioner, Robert Prevette; and
B. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the attached stipulation (“Appendix A”), paid to the
life insurance company from which the annuity will be purchased
(the “Life Insurance Company”).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 12-662V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
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

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00662-1
Date issued/filed: 2015-05-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/17/2015) regarding 61 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00662-UNJ Document 65 Filed 05/18/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ROBERT PREVETTE, * No. 12-662V
*
Petitioner, * Special Master Moran
*
v. * Filed: April 17, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for Petitioner;
Michael Milmoe, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On October 2, 2012, Robert Prevette filed a petition for compensation
alleging that the influenza vaccine, which he received on October 10, 2010, caused
him to suffer Guillain-Barré syndrome (“GBS”) and Chronic Inflammatory
Demyelinating Polyneuropathy (“CIDP”). Petitioner received compensation based
upon the parties’ stipulation. Decision, issued Mar. 24, 2015. Because petitioner
received compensation, he is entitled to an award of attorneys’ fees and costs. 42
U.S.C. § 300aa-15(e).
On April 9, 2015, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended his
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-00662-UNJ Document 65 Filed 05/18/15 Page 2 of 2
application to request $74,219.00, an amount to which respondent does not object.
The Court awards this amount.
A status conference was held on April 17, 2015, to discuss two points
regarding petitioner’s motion for fees. First, the undersigned directed petitioner’s
attention to the billing statements from his vocational expert, Ms. Ellen Econs, and
his life care planner, Ms. Roberta Hurley. Petitioner was advised to direct his
experts to make their time records more detailed. Second, the undersigned asked
several questions regarding petitioner’s use of a contractor, Garretson Resolution
Group, to resolve his outstanding Medicaid lien amount. Nonetheless, the
undersigned agreed with respondent that petitioner’s application was reasonable.
Petitioner seeks a total of $74,219.00 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he 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 $74,219.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Lawrence R. Cohan, 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-
6360.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2