VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00180
Package ID: USCOURTS-cofc-1_13-vv-00180
Petitioner: Tyrone A. Prince
Filed: 2013-03-08
Decided: 2014-06-03
Vaccine: influenza
Vaccination date: 2011-10-03
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Tyrone A. Prince filed a petition on March 8, 2013, alleging that an influenza (flu) vaccination he received on October 3, 2011 caused him to develop Guillain-Barré syndrome (GBS) and that he experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed May 9, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court in a single combined decision addressing both damages and attorneys' fees. Petitioner received a lump sum of $85,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $13,154.99 were awarded jointly to petitioner and his counsel, Anne Toale of Maglio Christopher and Toale. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 3, 2011 → GBS (residual >6 months). Joint stipulation May 9, 2014; SM Gowen (single combined decision). Comp $85,000. Fees $13,154.99 (Toale, Maglio Christopher and Toale, Sarasota FL).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00180-0
Date issued/filed: 2014-06-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/9/2014) regarding 33 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00180-UNJ Document 34 Filed 06/03/14 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-180V
Filed: May 9, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TYRONE A. PRINCE, *
* Stipulation; GBS; Flu Vaccine;
Petitioner, * Attorney’s Fees and Costs
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Esq., Maglio, Christopher and Toale, Sarasota, FL, for petitioner.
Traci R. Patton, Esq., U.S. Dept. of Justice, Washington, D.C., for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Tyrone A. Prince [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on March 8, 2013. Petitioner alleges that he
suffered from Guillain-Barre Syndrome [“GBS”] that was caused in fact by a flu
vaccination he received on October 3, 2011. See Stipulation, filed May 9, 2014, at ¶¶ 2,
4. Further, petitioner alleges that he experienced residual effects of his injuries for more
than six months. Petition at 2. Respondent denies that the flu vaccine caused
petitioner to suffer GBS, or any other injury or condition. Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:13-vv-00180-UNJ Document 34 Filed 06/03/14 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On May 9, 2014, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms.
Respondent agrees to pay petitioner:
a. A lump sum of $85,000.00 in the form of a check payable to petitioner,
Tyrone A. Prince. This amount represents compensation for all damages
that would be available under § 300aa-15(a); and
b. A lump sum of $13,154.99 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Anne C. Toale, of Maglio,
Christopher & Toale, P.A., for attorneys’ fees and costs available under §
300aa-15(e); and, in compliance with General Order #9, no out-of-pocket
expenses were incurred by petitioner in proceeding on the petition.
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

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