VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00039
Package ID: USCOURTS-cofc-1_13-vv-00039
Petitioner: Arnold Johnson
Filed: 2013-01-15
Decided: 2015-02-05
Vaccine: influenza
Vaccination date: 2011-09-27
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
Arnold Johnson filed a petition on January 15, 2013, alleging that an influenza (flu) vaccination he received on September 27, 2011 caused him to develop Guillain-Barré syndrome (GBS). Respondent denied that the flu vaccine caused petitioner's GBS or any other injury, and denied that his current disabilities are sequelae of a vaccine-related injury.

Nonetheless, both parties agreed in a stipulation filed October 30, 2014 to settle the case. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $140,000.00, representing compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $26,000.00, payable jointly to petitioner and his counsel, F. John Caldwell of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Sep 27, 2011 → GBS. Stipulation Oct 30, 2014; SM Hamilton-Fieldman. Comp $140,000 ('all remaining damages'). Fees $26,000 (Caldwell, Maglio Christopher & Toale PA, Sarasota FL).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00039-0
Date issued/filed: 2014-11-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/31/2014) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00039-UNJ Document 30 Filed 11/26/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-39V
Filed: October 31, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
ARNOLD JOHNSON, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine; Guillain-
* Barré syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.
Linda Sara Renzi, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On January 15, 2013, Arnold Johnson (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that he suffered from Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine administered to him on September 27, 2011.
On October 30, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00039-UNJ Document 30 Filed 11/26/14 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s GBS, or any other injury, and
denies that his current disabilities are sequelae of a vaccine-related injury. Nevertheless, the
parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the
stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $140,000.00, in the form of a check payable to Petitioner, Arnold
Johnson. This amount represents compensation for all remaining damages that
would be available under 42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

CCaassee 11::1133--vvvv--0000003399--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 1101//3206//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000003399--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 1101//3206//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000003399--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 1101//3206//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000003399--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 1101//3206//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000003399--UUNNJJ DDooccuummeenntt 2340 FFiilleedd 1101//3206//1144 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00039-1
Date issued/filed: 2015-02-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/15/2015) regarding 32 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00039-UNJ Document 35 Filed 02/05/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-39V
Filed: January 15, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
ARNOLD JOHNSON, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Decision on Attorneys’ Fees and
v. * Costs; Reasonable Amount
* Requested to Which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.
Linda Sara Renzi, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On January 15, 2013, Arnold Johnson (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that he suffered from Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine administered to him on September 27, 2011. On October 31, 2014, the
undersigned issued a decision awarding compensation to Petitioner.
On January 14, 2015, the parties filed a stipulation of fact concerning attorneys’ fees and
costs. The parties have agreed to an award of $26,000.00 for attorneys’ fees and costs. In
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00039-UNJ Document 35 Filed 02/05/15 Page 2 of 2
accordance with General Order Number 9, Petitioner’s counsel represents that Petitioner has not
personally incurred any expenses in pursuit of his claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $26,000.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, F. John
Caldwell, of the law firm of Maglio, Christopher & Toale, PA.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2