VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00671 Package ID: USCOURTS-cofc-1_12-vv-00671 Petitioner: Rodney Speed, Sr. Filed: 2014-06-09 Decided: 2014-06-13 Vaccine: influenza Vaccination date: 2012-09-11 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 170000 AI-assisted case summary: Rodney Speed, Sr. filed a petition alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by an influenza vaccine he received on September 11, 2012. He claimed to have experienced residual effects from this injury for more than six months. The respondent denied that the flu vaccine caused Mr. Speed's alleged GBS, residual effects, or any other condition. Despite the denial, the parties reached a stipulation to resolve the case informally. The court adopted the stipulation and awarded Mr. Speed a lump sum of $170,000.00 for all damages. Subsequently, the parties also filed a stipulation regarding attorneys' fees and costs. After initial objections from the respondent, the parties agreed on an amount of $17,000.00 for attorneys' fees and costs, which the court found reasonable and awarded. The total compensation awarded to Mr. Speed was $170,000.00, plus $17,000.00 for attorneys' fees and costs. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00671-0 Date issued/filed: 2014-06-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/09/2014) regarding 30 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00671-UNJ Document 38 Filed 06/30/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-671V Filed: June 9, 2014 Not for Publication ************************************* RODNEY SPEED, SR., * * Petitioner, * * Damages decision based on stipulation; v. * influenza vaccine; Guillain-Barré Syndrome * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Diana S. Sedar, Sarasota, FL, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On June 9, 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 Guillain-Barré Syndrome (“GBS”) that was caused by his September 11, 2012, receipt of influenza (“flu”) vaccine. He further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s alleged GBS and residual effects, any other injury, or his current condition. Nonetheless, the parties agreed to resolve this matter informally. 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-00671-UNJ Document 38 Filed 06/30/14 Page 2 of 7 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 $170,000.00, 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 $170,000.00 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: June 9, 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-00671-UNJ Document 38 Filed 06/30/14 Page 3 of 7 Case 1:12-vv-00671-UNJ Document 38 Filed 06/30/14 Page 4 of 7 Case 1:12-vv-00671-UNJ Document 38 Filed 06/30/14 Page 5 of 7 Case 1:12-vv-00671-UNJ Document 38 Filed 06/30/14 Page 6 of 7 Case 1:12-vv-00671-UNJ Document 38 Filed 06/30/14 Page 7 of 7 Dated: June 9, 2014 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00671-1 Date issued/filed: 2014-07-07 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/13/2014) regarding 33 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00671-UNJ Document 39 Filed 07/07/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-671V Filed: June 13, 2014 Not for Publication ************************************* RODNEY SPEED, SR., * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Diana S. Sedar, Sarasota, FL, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On June 13, 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-00671-UNJ Document 39 Filed 07/07/14 Page 2 of 2 In accordance with the General Order #9 requirement, petitioner asserts that he did not incur any costs in pursuit of his petition. Petitioner submitted his request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner amends his application for attorneys’ fees and costs to $17,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $17,000.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Maglio, Christopher & Toale in the amount of $17,000.00. 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: June 13, 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