VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00679
Package ID: USCOURTS-cofc-1_12-vv-00679
Petitioner: Michael Long
Filed: 2012-10-09
Decided: 2014-02-28
Vaccine: trivalent influenza
Vaccination date: 2009-11-10
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Michael Long filed a petition on October 9, 2012, alleging that the trivalent influenza vaccine he received on November 10, 2009, caused him to develop Guillain-Barré Syndrome (GBS). He further alleged that he suffered residual effects for more than six months. Respondent denied causation but the parties entered into a joint stipulation. The court adopted the stipulation, awarding Mr. Long $65,000.00 in compensation for all damages. Subsequently, on March 24, 2014, the court awarded Mr. Long's attorney $18,621.78 in attorneys' fees and costs, to which the respondent did not object.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00679-0
Date issued/filed: 2014-01-15
Pages: 7
Docket text: PUBLIC DECISION Signed by Special Master Lisa Hamilton-Fieldman. (tjk) Copy to parties.
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Case 1:12-vv-00679-UNJ Document 32 Filed 01/15/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-679V
(E-Filed: January 15, 2014)
* * * * * * * * * * * * * *
MICHAEL LONG, *
* UNPUBLISHED DECISION
Petitioner, *
* Stipulation; Trivalent Influenza Vaccine;
v. * Guillain-Barré Syndrome
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Anne Toale, Sarasota, FL, for Petitioner.
Gordon Shemin, Washington, D.C., for Respondent.
UNPUBLISHED DECISION1
On January 13, 2014, Respondent filed a joint stipulation concerning the petition
for compensation filed by Michael Long on October 9, 2012. In his petition, Petitioner
alleged that the trivalent influenza vaccine, which is contained in the Vaccine Injury
Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on November 10, 2009,
caused him to develop Guillain-Barré Syndrome (GBS). Petitioner further alleges that he
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this order on the United
States Court of Federal Claims website, in accordance with the E-Government Act of
2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days
within which to request redaction “of any information furnished by that party: (1) that is a
trade secret or commercial or financial in substance and is privileged or confidential; or
(2) that includes medical files or similar files, the disclosure of which would constitute a
clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, “the entire”
order will be available to the public. Id.

Case 1:12-vv-00679-UNJ Document 32 Filed 01/15/14 Page 2 of 7
suffered the residual effects of this injury for more than six months. 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. Stipulation at ¶¶ 2, 4, 5.
Respondent denies that the trivalent influenza vaccine caused petitioner to suffer
GBS or any other injury. 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 $65,000.00 in the form of a check payable to
petitioner, Michael Long. 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 12-679V according to this decision and the
attached stipulation.2
Any questions may be directed to my law clerk, Camille Collett, at (202) 357-
6361.
IT IS SO ORDERED.
s/Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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.

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00679-1
Date issued/filed: 2014-03-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/28/2014) regarding 34 DECISION of Special Master - Fees Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00679-UNJ Document 37 Filed 03/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: February 28, 2014)
* * * * * * * * * * * * * *
MICHAEL LONG, * No. 12-679V
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Award in Amount to Which Respondent
AND HUMAN SERVICES, * Does Not Object
*
Respondent. *
* * * * * * * * * * * * * *
Anne Carrion Toale, Sarasota, FL, for Petitioner
Gordon Elliot Shemin, Washington, DC, for Respondent
UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS1
On February 27, 2014, the parties 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 her application to request
$ 18,621.78, an amount to which respondent does not object. The Court awards this
amount.
On October 9, 2012, Michael Long, filed a petition for compensation alleging that
the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”),
1 The E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913
(codified as amended at 44 U.S.C. § 3501 note (2006)), requires that the court post this
decision on its website. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to
identify and move to delete medical or other information, that satisfies the criteria in §
300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction
must include a proposed redacted decision. If, upon review, the undersigned agrees that
the identified material fits within the requirements of that provision, the undersigned will
delete such material from public access.
1

Case 1:12-vv-00679-UNJ Document 37 Filed 03/24/14 Page 2 of 2
alleging that he suffered certain injuries as a result of receiving a vaccination. Among the
injuries Petitioner alleged that he suffered as a result of receiving an influenza
vaccination was Guillain-Barré syndrome. Petitioner received compensation based upon
the parties’ stipulation. Decision, filed January 15, 2014. Because Petitioner received
compensation, he is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-
15(e).
Petitioner seeks a total of $18, 621.78 in attorneys’ fees and costs for his counsel
(with no out-of-pocket litigation expenses incurred by Petitioner per General Order #9).
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 $18,621.78 in the form of a check made payable to petitioner
and petitioner’s attorney, Anne Carrion Toale, of the law firm Maglio,
Christopher & Toale, for attorneys’ fees and costs available under 42 U.S.C. §
300aa-15(e).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the
clerk shall enter judgment accordingly.2
IT IS SO ORDERED.
s/Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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