VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00274
Package ID: USCOURTS-cofc-1_13-vv-00274
Petitioner: Willie Andre Simmons
Filed: 2015-02-04
Decided: 2015-08-31
Vaccine: influenza
Vaccination date: 2010-12-01
Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 842428

AI-assisted case summary:
Willie Andre Simmons filed a petition on February 4, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) and related complications as a result of receiving an influenza vaccine on December 1, 2010. The respondent denied that the vaccine caused the CIDP. However, both parties agreed to settle the issues. The court adopted their stipulation, awarding Mr. Simmons a lump sum of $806,560.40 for past and future lost earnings, pain and suffering, and out-of-pocket expenses. Additionally, $46,609.27 was awarded to reimburse a South Carolina Medicaid lien. Later, on August 7, 2015, the parties filed a joint stipulation for attorney's fees and costs, agreeing to an award of $35,867.91 payable to Mr. Simmons and his counsel. The court approved this amount, and judgment was entered accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00274-0
Date issued/filed: 2015-03-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/04/2015) regarding 58 DECISION Stipulation Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
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Case 1:13-vv-00274-UNJ Document 62 Filed 03/02/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-274V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
WILLIE ANDRE SIMMONS, *
*
Petitioner, * Filed: February 4, 2015
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine;
* Chronic Inflammatory
SECRETARY OF HEALTH AND * Demyelinating Polyneuropathy
HUMAN SERVICES, * (“CIDP”)
*
Respondent. *
*
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Anne Strait, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner.
Traci R. Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On April 18, 2013, Petitioner Willie Andre Simmons filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”).2 Petitioner alleges that he suffered Chronic Inflammatory Demyelinating
1 Because this decision contains a reasoned explanation for my action in this case, I will 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)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B),
however, the parties may object to the posted decision’s inclusion of certain kinds of confidential
information. Specifically, under 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). Otherwise, the whole decision will be available to the
public. (Id.)
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,

Case 1:13-vv-00274-UNJ Document 62 Filed 03/02/15 Page 2 of 7
Polyneuropathy (“CIDP”) and related complications as a result of receiving the influenza (“flu”)
vaccine.
Respondent denies that Petitioner’s CIDP and any related medical problems were caused
by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated
positions, agreed in a stipulation filed February 4, 2015 that the issues before them can be
settled, and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms
set forth therein.
The stipulation awards:
a. A lump sum of $806,560.40, in the form of a check payable to petitioner. This
amount represents compensation for past and future lost earnings, past and
future pain and suffering, and past and future unreimbursable out of pocket
expenses; and
b. A lump sum of $46,609.27, in the form of a check payable jointly to petitioner
and SC Department of Health & Human Services. This amount represents
reimbursement of a State of South Carolina Medicaid lien.
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amount set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa.
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing
notice renouncing their right to seek review.
2

Case 1:13-vv-00274-UNJ Document 62 Filed 03/02/15 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
WILLIE ANDRE SIMMONS,
)
)
Petitioner,
) No. 13-274V
v.
) Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Willie Andre Simmons, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 et seq. (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to Mr. Simmons’s
receipt of the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table
(the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received his flu immunization on December 1, 2010.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu vaccine caused him to suffer Chronic Inflammatory
Demyelinating Polyneuropathy (“CIDP”).
5. 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.
6. Respondent denies that the flu vaccine caused petitioner to suffer CIDP or any other
injury or condition.
1

Case 1:13-vv-00274-UNJ Document 62 Filed 03/02/15 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $806,560.40, which amount represents compensation for past and
future lost earnings, past and future pain and suffering, and past and future
unreimbursable out of pocket expenses, in the form of a check payable to petitioner; and
b. A lump sum of $46,609.27, which amount represents reimbursement of a State of
South Carolina Medicaid lien, in the form of a check payable jointly to petitioner and
SC Department of Health & Human Services (DHHS)
Reporting and Receivables
P.O. Box 8355
Columbia, SC 290202-9189
Re: Case Number 299320
Medicaid No.: 8781354645
Petitioner agrees to endorse the check to the SC Department of Health & Human
Services (DHHS).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this
petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
2

Case 1:13-vv-00274-UNJ Document 62 Filed 03/02/15 Page 5 of 7
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on December 1, 2010, as
3

Case 1:13-vv-00274-UNJ Document 62 Filed 03/02/15 Page 6 of 7
alleged by petitioner in a petition for vaccine compensation filed on or about April 18, 2013, in
the United States Court of Federal Claims as petition No. 13-274V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner’s CIDP or any
other injury or condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:13-vv-00274-UNJ Document 62 Filed 03/02/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00274-1
Date issued/filed: 2015-08-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/7/2015) regarding 64 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
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Case 1:13-vv-00274-UNJ Document 67 Filed 08/31/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-274V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
WILLIE ANDRE SIMMONS, *
* Filed: August 7, 2015
Petitioner, *
* Decision by Stipulation; Attorney’s
v. * Fees & Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner
Traci R. Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent
ATTORNEY’S FEES AND COSTS DECISION1
On April 18, 2013, Willie Andre Simmons filed a petition seeking compensation under the
National Vaccine Injury Compensation Program. On February 4, 2015, the parties filed a
stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision
finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the
stipulation.
On August 7, 2015, counsel for both parties filed another joint stipulation, this time in
regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should
receive a lump sum of $35,867.91, in the form of a check payable to Petitioner and Petitioner’s
1 Because this decision contains a reasoned explanation for my actions in this case, I will 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, § 205, 116
Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential
information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole decision will be available to
the public. Id.

Case 1:13-vv-00274-UNJ Document 67 Filed 08/31/15 Page 2 of 2
counsel. This amount represents a sum to which Respondent does not object. In addition, and in
compliance with General Order No. 9, Petitioner has represented that he did incur any reimbursable
costs in proceeding on this petition.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award should be made in the form of a check in the amount of $35,867.91 payable jointly to
Petitioner and Petitioner’s counsel, Danielle A. Strait, 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their
right to seek review.