VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00005
Package ID: USCOURTS-cofc-1_13-vv-00005
Petitioner: Alexander Thompson
Filed: 2013-01-03
Decided: 2015-11-03
Vaccine: influenza
Vaccination date: 2010-10-14
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 380000

AI-assisted case summary:
Alexander Thompson filed a petition on January 3, 2013, alleging that an influenza (flu) vaccination he received on October 22, 2010 caused him to develop Guillain-Barré Syndrome (GBS). The flu vaccine is contained in the Vaccine Injury Table. Respondent denied that the vaccine caused petitioner to suffer from GBS or any other injury.

While the case was pending, petitioner applied for an interim award of attorneys' fees and costs, and Special Master Moran awarded $2,525.00 on September 23, 2014.

Nonetheless, both parties agreed to a joint stipulation filed August 7, 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 $380,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a), plus an annuity for future compensation. Petitioner subsequently applied for final attorneys' fees and costs, and Special Master Moran awarded $39,891.00, payable to petitioner and his counsel, Michael A. Baseluos of Baseluos Law Firm. Petitioner had not incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 22, 2010 → GBS (Table). Joint stipulation Aug 7, 2015; SM Moran. Comp $380,000 + annuity. Interim fees $2,525 (Sep 23, 2014) + final fees $39,891 (Oct 8, 2015). (Baseluos, Baseluos Law Firm, San Antonio TX).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00005-0
Date issued/filed: 2014-10-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/23/2014) regarding 60 DECISION Interim Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00005-UNJ Document 64 Filed 10/20/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
ALEXANDER THOMPSON, *
* No. 13-005V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: September 23, 2014
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Attorneys’ fees and costs, interim
* award, amount which is not disputed.
Respondent. *
** * * * * * * * * * * * * * * * * * * * * * * *
Michael A. Baseluos, Esq.,Baseluos Law Firm, San Antonio, TX , for petitioner;
Julia W. McInerny, Esq., United States Department of Justice, Washington, D.C., for respondent.
UNPUBLISHED DECISION ON INTERIM ATTORNEYS’ FEES AND COSTS*
Alexander Thompson claims that the influenza (“flu”) vaccine caused him to Guillain
Barré Syndrome ( “GBS”). Mr. Thompson seeks compensation pursuant to the National Vaccine
Injury Act, 42 U.S.C. §§ 300aa-10 et seq. (2006). His case remains pending.
Mr. Thompson is now awarded, on interim basis, attorneys’ fees and costs in the total
amount of $2,525.00. See Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343, 1352 (Fed.
Cir. 2008).
* Because this unpublished decision contains a reasoned explanation for the special
master's action in this case, the special master intends to post it 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).
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 clearly be an unwarranted invasion of
privacy. When such a decision or designated substantive order is filed, a party has 14 days to
identify and to move to delete such information before 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. 42 U.S.C. § 300aa–
12(d)(4); Vaccine Rule 18(b).

Case 1:13-vv-00005-UNJ Document 64 Filed 10/20/14 Page 2 of 2
On September 18, 2014, Mr. Thompson filed a motion for an award of interim attorneys’
fees and reimbursement of costs, seeking a total of $2,525.00. On September 22, 2014,
Respondent filed a joint stipulation stating that the parties have agreed on an amount for interim
attorney’s fees and costs to be awarded to Ms. Thompson and to which respondent will not
object.
Regardless of whether they entitled to compensation, petitioners who bring their petition
in good faith and who have a reasonable basis for the petition may be awarded attorneys’ fees
and costs. See 42 U.S.C. § 300aa–15(e)(1). Respondent does not contend that Mr. Thompson
fails to satisfy this standard. Thus, Mr. Thompson is entitled to an award of attorneys’ fees and
costs.1
After a determination that Mr. Thompson is entitled to an award of attorneys’ fees and
costs, the next question is to decide the reasonable amount. A review of the materials offered in
support of the motion for interim attorneys’ fees and costs indicates that the requested amount is
reasonable. Therefore, Mr. Thompson is awarded the amount to which respondent did not
object. This decision awards Mr. Thompson all the attorneys’ fees and costs through the date of
his application.
There is no just reason to delay the entry of judgment on interim attorneys’ fees and
costs. Therefore, in the absence of a motion for review filed under RCFC Appendix B, the clerk
of court shall enter judgment in petitioner’s favor. Those fees and costs are awarded as follows:
A. A lump sum payment of $2,525.00, in the form of a check payable to petitioner and
petitioner’s counsel of record, Michael Baseluos of Baseluos Law Firm.
The Clerk shall enter judgment accordingly.2 The court thanks the parties for their
cooperative efforts in resolving this matter.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
1 The finding that the petition was supported by good faith and reasonable basis is not
intended to suggest whether Mr. Thompson is entitled to compensation.
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.

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00005-1
Date issued/filed: 2015-09-17
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 08/11/2015) regarding 80 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00005-UNJ Document 84 Filed 09/17/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ALEXANDER THOMPSON, *
* No. 13-005V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 11, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Michael Baseluos, Baseluos Law Firm, San Antonio, TX, for petitioner;
Julia McInerny, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION1
On August 7, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Alexander Thompson on January 3, 2013. In his
petition, petitioner 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 October 22, 2010, caused him to suffer Guillain-Barré Syndrome
(“GBS”). 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 vaccine caused petitioner to suffer from GBS or
any other 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 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 1:13-vv-00005-UNJ Document 84 Filed 09/17/15 Page 2 of 8
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:
A. A lump sum of $380,000.00, in the form of a check payable to
petitioner, Alexander Thompson. This amount represents
compensation for all damages that would be available under U.S.C. §
300aa-15(a); and
B. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the stipulation attached hereto as “Appendix A,”
paid to the life insurance company from which the annuity will be
purchased (the "Life Insurance Company").2
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-005V according to this decision
and the attached stipulation.3
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 The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
3 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::1133--vvvv--0000000055--UUNNJJ DDooccuummeenntt 7894 FFiilleedd 0089//0177//1155 PPaaggee 13 ooff 68

CCaassee 11::1133--vvvv--0000000055--UUNNJJ DDooccuummeenntt 7894 FFiilleedd 0089//0177//1155 PPaaggee 24 ooff 68

CCaassee 11::1133--vvvv--0000000055--UUNNJJ DDooccuummeenntt 7894 FFiilleedd 0089//0177//1155 PPaaggee 35 ooff 68

CCaassee 11::1133--vvvv--0000000055--UUNNJJ DDooccuummeenntt 7894 FFiilleedd 0089//0177//1155 PPaaggee 46 ooff 68

CCaassee 11::1133--vvvv--0000000055--UUNNJJ DDooccuummeenntt 7894 FFiilleedd 0089//0177//1155 PPaaggee 57 ooff 68

CCaassee 11::1133--vvvv--0000000055--UUNNJJ DDooccuummeenntt 7894 FFiilleedd 0089//0177//1155 PPaaggee 68 ooff 68

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_13-vv-00005-2
Date issued/filed: 2015-11-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/8/2015) regarding 87 DECISION Fees Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00005-UNJ Document 91 Filed 11/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ALEXANDER THOMPSON, * No. 13-005V
* Special Master Christian J. Moran
Petitioner, *
* Filed: October 8, 2015
v. *
* Attorneys’ fees and costs; award
SECRETARY OF HEALTH * in the amount to which
AND HUMAN SERVICES, * respondent does not object.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Michael Baseluos, Baseluos Law Firm, San Antonio, TX, for petitioner;
Julia McInerny, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On September 30, 2015, petitioner Alexander Thompson 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 application to request $39,891.00, an amount to which
respondent does not object. The Court awards this amount.
On January 3, 2013, Alexander Thompson filed a petition for compensation
alleging that the seasonal influenza (“flu”) vaccine administered to him on October
14, 2010, caused him to suffer Guillain-Barré syndrome (“GBS”). While the case
was pending after a fact hearing, the petitioner filed a motion for an award of
attorneys’ fees and costs on an interim basis. The petitioner was awarded
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 1:13-vv-00005-UNJ Document 91 Filed 11/03/15 Page 2 of 2
$2,525.00. 2014 WL 5317754 (Fed. Cl. Spec. Mstr. Sept. 23, 2014). Petitioner
received compensation based upon the parties’ stipulation. Decision, issued Aug.
11, 2015. 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 $39,891.00, in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he did not incur any 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. A lump sum of $39,891.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Michael Baseluos, of Baseluos
Law Firm, 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, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2