VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00182
Package ID: USCOURTS-cofc-1_13-vv-00182
Petitioner: Albert J. Michaels
Filed: 2015-08-11
Decided: 2015-09-01
Vaccine: influenza
Vaccination date: 2012-01-20
Condition: serum sickness type autoimmune reaction
Outcome: compensated
Award amount USD: 18500

AI-assisted case summary:
Albert J. Michaels filed a petition on August 11, 2015, alleging that an influenza vaccine administered on January 20, 2012, caused him to suffer a serum sickness type autoimmune reaction. The parties subsequently filed a Joint Stipulation of Dismissal. They also filed a Joint Stipulation of Facts Concerning Final Attorneys’ Fees and Costs, agreeing to an award of $18,500.00 in attorneys' fees and costs. Petitioner's counsel, Mark L. Krueger of Krueger & Hernandez, S.C., represented Mr. Michaels. Debra A. Begley of the United States Department of Justice represented the Respondent. Special Master Lisa Hamilton-Fieldman found that the petition was brought in good faith and had a reasonable basis, deeming the requested amount appropriate. Judgment was to be entered in accordance with the stipulation. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Albert J. Michaels alleged that an influenza vaccine administered on January 20, 2012, caused a serum sickness type autoimmune reaction. The parties filed a Joint Stipulation of Dismissal and a Joint Stipulation of Facts Concerning Final Attorneys’ Fees and Costs. The Special Master Lisa Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis. The parties stipulated to an award of $18,500.00 for attorneys' fees and costs, payable jointly to Petitioner and Petitioner's counsel, Mark L. Krueger. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The outcome was a compensated award of $18,500.00.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00182-0
Date issued/filed: 2015-08-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/04/2015) regarding 34 Order Concluding Proceedings. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00182-UNJ Document 43 Filed 08/25/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: August 4, 2015)
* * * * * * * * * * * * * * * UNPUBLISHED
ALBERT J. MICHAELS, *
* No. 13-182
Petitioner, *
* Special Master Hamilton-Fieldman
v. *
* Voluntary dismissal under
SECRETARY OF HEALTH * Vaccine Rule 21(a).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for Petitioner.
Debra A. Begley, United States Department of Justice, Washington, DC, for Respondent.
ORDER CONCLUDING PROCEEDINGS1
On March 11, 2013, Albert J. Michaels (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that an influenza (“flu”) vaccine administered to him on
January 20, 2012 caused him to suffer from a “serum sickness type autoimmune reaction.” Petition
(“Pet.”) at 1.
On August 3, 2015, the parties filed a Joint Stipulation of Dismissal, stating the parties
give notice of Petitioner’s voluntary dismissal.
Accordingly, pursuant to Vaccine Rule 21(a), the above-captioned case is hereby
dismissed. The Clerk of Court is hereby instructed that a judgment shall not enter in the
instant case pursuant to Vaccine Rule 21(a).
1 Because this unpublished decision contains a reasoned explanation for the action in this case,
the undersigned intends 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 and 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 § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review,
the undersigned agrees that the identified material fits within the requirements of that provision,
such material will be deleted from public access.

Case 1:13-vv-00182-UNJ Document 43 Filed 08/25/15 Page 2 of 2
CONCLUSION
Proceedings are concluded in this case.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00182-1
Date issued/filed: 2015-09-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/11/2015) regarding 38 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:13-vv-00182-UNJ Document 44 Filed 09/01/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-182V
Filed: August 11, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
ALBERT J. MICHAELS, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable
* Amount Requested to which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for Petitioner.
Debra A. Begley, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On March 11, 2013, Albert J. Michaels (“Petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that the administration of an influenza (“flu”) vaccine on
January 20, 2012, caused him to suffer from a “serum sickness type autoimmune reaction.”
Petition (“Pet.”) at 1-3. On August 4, 2015, the undersigned issued an Order Concluding
Proceedings after the parties filed a Joint Stipulation of Dismissal.
On August 11, 2015, Petitioner filed a Joint Stipulation of Facts Concerning Final
Attorneys’ Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of
$18,500.00 in attorneys’ fees and costs. Petitioner’s counsel represents that Petitioner has not
incurred any costs 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 $18,500.00, in the
1 The undersigned intends to post this unpublished 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)). As provided by Vaccine Rule 18(b), each
party has 14 days within which to file a motion for redaction “of any information furnished by that party
(1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion
of privacy.” In the absence of such motion, the entire decision will be available to the public. Id.
1

Case 1:13-vv-00182-UNJ Document 44 Filed 09/01/15 Page 2 of 2
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Mark L.
Krueger, Esq.
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.2
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2 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