VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00121 Package ID: USCOURTS-cofc-1_13-vv-00121 Petitioner: Jacob James Campbell Filed: 2013-02-15 Decided: 2015-05-18 Vaccine: MMR Vaccination date: 2011-06-16 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 155000 AI-assisted case summary: Jacob James Campbell filed a petition on February 15, 2013, alleging that hepatitis A ("Hep A"), hepatitis B ("Hep B"), and/or Measles-Mumps-Rubella ("MMR") vaccinations he received on June 16, 2011 caused him to develop Guillain-Barré syndrome (GBS), extreme pain, intermittent paralysis, nausea, and burning sensations, and that he experienced the residual effects of these injuries for more than six months. Respondent denied that the vaccines caused petitioner to suffer from GBS or any other injury, and denied that his current disabilities are sequelae of a vaccine-related injury. Nonetheless, both parties agreed to a joint stipulation filed February 10, 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 $155,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $14,211.45, payable jointly to petitioner and his counsel, Sean Greenwood of Scott Patton, PC. Petitioner had not personally incurred any out-of-pocket litigation expenses. Theory of causation field: HepA + HepB + MMR (and/or) Jun 16, 2011 → GBS + extreme pain + intermittent paralysis + nausea. Joint stipulation Feb 10, 2015; SM Moran. Comp $155,000. Fees $14,211.45 (Greenwood, Scott Patton PC, Houston TX). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00121-0 Date issued/filed: 2015-03-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/13/2015) regarding 54 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00121-UNJ Document 55 Filed 03/09/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * JACOB JAMES CAMPBELL, * No. 13-121V Petitioner, * Special Master Christian J. Moran * * Filed: February 13, 2015 v. * * Stipulation; Hepatitis A (“Hep A”); * Hepatitis B (“Hep B”); Measles- SECRETARY OF HEALTH * Mumps-Rubella (“MMR”) vaccines; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”); Respondent. * extreme pain; intermittent paralysis; * nausea; burning sensations. * * * * * * * * * * * * * * * * * * * * * Sean Greenwood, Scott Patton, PC, Houston, TX, for Petitioner; Lynn Ricciardella, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On February 10, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Jacob Campbell on February 15, 2013. In his petition, Mr. Campbell alleged that the hepatitis A (“Hep A”), hepatitis B (“Hep B”), and/or Measles-Mumps-Rubella (“MMR”) vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on June 16, 2011, caused him to suffer Guillain-Barré (“GBS”), and extreme pain, intermittent paralysis, and nausea and burning sensations. Petitioner further alleges that he experienced 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. 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 party has 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-00121-UNJ Document 55 Filed 03/09/15 Page 2 of 7 Respondent denies that the Hep A, Hep B, and/or MMR vaccines caused petitioner to suffer from GBS, or any other injury, and denies that petitioner’s 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 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 lump sum of $155,000.00 in the form of a check payable to petitioner, Jacob James Campbell. 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 13-121V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6353. IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran 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 CCaassee 11::1133--vvvv--0000112211--UUNNJJ DDooccuummeenntt 5535 FFiilleedd 0023//1009//1155 PPaaggee 13 ooff 57 CCaassee 11::1133--vvvv--0000112211--UUNNJJ DDooccuummeenntt 5535 FFiilleedd 0023//1009//1155 PPaaggee 24 ooff 57 CCaassee 11::1133--vvvv--0000112211--UUNNJJ DDooccuummeenntt 5535 FFiilleedd 0023//1009//1155 PPaaggee 35 ooff 57 CCaassee 11::1133--vvvv--0000112211--UUNNJJ DDooccuummeenntt 5535 FFiilleedd 0023//1009//1155 PPaaggee 46 ooff 57 CCaassee 11::1133--vvvv--0000112211--UUNNJJ DDooccuummeenntt 5535 FFiilleedd 0023//1009//1155 PPaaggee 57 ooff 57 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00121-1 Date issued/filed: 2015-05-18 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/22/2015) regarding 58 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00121-UNJ Document 59 Filed 05/18/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * JACOB JAMES CAMPBELL, * No. 13-121V Petitioner, * Special Master Christian J. Moran * * Filed: April 22, 2015 v. * * Attorneys’ fees and costs; award * in the amount to which SECRETARY OF HEALTH * respondent does not object. AND HUMAN SERVICES, * Respondent. * * * * * * * * * * * * * * * * * * * * * * * Sean Greenwood, Scott Patton, PC, Houston, TX, for Petitioner; Lynn Ricciardella, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION ON FEES AND COSTS1 On April 20, 2015, respondent 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$14,211.45, an amount to which respondent does not object. The Court awards this amount. On February 15, 2013, Jacob James Campbell filed a petition for compensation alleging that the hepatitis A (“Hep A”), hepatitis B (“Hep B”), and/or Measles-Mumps-Rubella (“MMR”) vaccines, which he received on June 16, 2011, caused him to suffer Guillain-Barré syndrome (“GBS”). Petitioner 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-00121-UNJ Document 59 Filed 05/18/15 Page 2 of 2 received compensation based upon the parties’ stipulation. Decision, issued Feb. 13, 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 $14,211.45, in attorneys’ fees and costs for his counsel. Additionally, in compliance with General Order No. 9, petitioner states that he incurred no 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 lump sum of $14,211.45, in the form of a check made payable to petitioner and petitioner’s attorney, Sean Greenwood, 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, Mary Holmes, at (202) 357- 6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2