VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00746
Package ID: USCOURTS-cofc-1_12-vv-00746
Petitioner: Andrew Linnen
Filed: 2012-06-06
Decided: 2014-06-27
Vaccine: influenza
Vaccination date: 2010-10-25
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Andrew Linnen filed a petition on June 6, 2012, seeking compensation for injuries allegedly caused by an influenza vaccination received on October 25, 2010. Mr. Linnen alleged that this vaccination, which is listed on the Vaccine Injury Table, caused him to develop Guillain-Barré Syndrome (GBS). The parties reached a stipulation for compensation, and a decision on damages was filed on February 21, 2014. The specific amount awarded for damages is not detailed in the provided text. Following the compensation award, on June 6, 2014, the parties filed a joint stipulation concerning attorneys' fees and costs. Petitioner was represented by Lawrence Cohan of Philadelphia, PA, and Respondent was represented by Traci Patton of Washington, DC. Special Master Lisa Hamilton-Fieldman reviewed the application for fees and costs. Initially, Respondent had objections to certain items in Mr. Linnen's application. However, following discussions, Petitioner amended the application to request $19,968.14, an amount to which Respondent did not object. Special Master Hamilton-Fieldman awarded this sum, payable jointly to Andrew Linnen and his counsel, Lawrence Cohan. The decision notes that Petitioner did not incur any out-of-pocket litigation expenses. The Special Master directed the clerk to enter judgment in accordance with this decision, unless a motion for review was filed.

Theory of causation field:
Petitioner Andrew Linnen alleged that an influenza vaccination received on October 25, 2010, caused him to develop Guillain-Barré Syndrome (GBS). The influenza vaccine is listed on the Vaccine Injury Table. Compensation was awarded based on a stipulation between the parties. A damages decision was filed on February 21, 2014. Attorneys' fees and costs were awarded on June 6, 2014, in the amount of $19,968.14, payable jointly to Petitioner and his counsel, Lawrence Cohan. Respondent did not object to this amount. Special Master Lisa Hamilton-Fieldman issued the decision on attorneys' fees and costs. The public text does not describe the specific medical or scientific reasoning for the causation, nor does it name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00746-1
Date issued/filed: 2014-06-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/06/2014) regarding 31 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00746-UNJ Document 35 Filed 06/27/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-746V
(Filed: June 6, 2014)
* * * * * * * * * * * * * *
ANDREW LINNEN, *
* Attorneys’ fees and costs; stipulation
Petitioner, * of facts; award in amount to which
* Respondent does not object
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Lawrence Cohan, Philadelphia, PA, for Petitioner
Traci Patton, Washington, DC, for Respondent
UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS1
On June 6, 2014, Respondent filed a joint stipulation concerning final attorneys’
fees and costs in the above-captioned matter. Previously, Mr. Linnen 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 application to request
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-00746-UNJ Document 35 Filed 06/27/14 Page 2 of 2
$19,968.14, an amount to which Respondent does not object. The Court awards this
amount.
Petitioner filed for compensation alleging that an 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 25, 2010, caused him to develop Guillain-Barré Syndrome (GBS).
Petitioner received compensation based on the parties’ stipulation. Decision, filed on
February 21, 2014. Because Mr. Linnen received compensation, he is entitled to an
award of attorneys’ fees and costs. 42 U.S.C. 300aa-15(e).
Petitioner seeks $19,968.14 in attorneys’ fees and costs for Petitioner’s
counsel. Additionally, petitioner represented that he incurred to out-of-pocket
expenses pursuant to General Order No. 9.
After reviewing the request, the Court awards the following:
A sum of $19,968.14 in the form of a check payable to Petitioner
and Petitioner’s counsel for attorneys’ fees and costs.
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the
clerk is directed to enter judgment in case 12-746V according to this decision.
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