VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00303
Package ID: USCOURTS-cofc-1_13-vv-00303
Petitioner: James Boyer
Filed: 2013-04-30
Decided: 2015-06-11
Vaccine: influenza
Vaccination date: 2010-10-14
Condition: Guillain-Barré Syndrome (“GBS”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”)
Outcome: compensated
Award amount USD: 375000

AI-assisted case summary:
James Boyer filed a petition on May 6, 2013, alleging that an influenza (flu) vaccination he received on October 14, 2010 caused him to develop Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) and that he experienced the residual effects of these injuries for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS, CIDP, or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed April 6, 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 $375,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $29,408.33, payable jointly to petitioner and his counsel, Ronald C. Homer of Conway Homer & Chin-Caplan PC. Petitioner was also reimbursed $772.32 for personal out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 14, 2010 → GBS + CIDP (residual >6 months). Joint stipulation Apr 6, 2015; SM Moran. Comp $375,000. Fees $29,408.33 + out-of-pocket $772.32 (Homer, Conway Homer & Chin-Caplan PC, Boston MA). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00303-0
Date issued/filed: 2014-12-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/4/2014) regarding 47 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00303-UNJ Document 51 Filed 12/02/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JAMES BOYER, * No. 13-303V
*
Petitioner, * Special Master Moran
*
v. * Filed: November 4, 2014
*
SECRETARY OF HEALTH * Stipulation; Influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”);
* chronic inflammatory demyelinating
Respondent. * polyneuropathy (“CIDP”).
* * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for
Petitioner;
Glenn Macleod, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On November 3, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by James Boyer on April 30, 2013. In his petition,
Mr. Boyer alleged that the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
October 14, 2010, caused him to suffer Guillain-Barré Syndrome (“GBS”) and
chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner further
alleges that he experienced the residual effects of these injures 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-00303-UNJ Document 51 Filed 12/02/14 Page 2 of 7
Respondent denies that the flu vaccine caused petitioner’s GBS and CIDP or
any other injury and further denies that his current disabilities are a sequela 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 $375,000.00 in the form of a check payable to petitioner,
James Boyer. 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 13-303V 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--0000330033--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 1112//0032//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000330033--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 1112//0032//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000330033--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 1112//0032//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000330033--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 1112//0032//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000330033--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 1112//0032//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00303-1
Date issued/filed: 2015-06-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/13/2015) regarding 57 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00303-UNJ Document 60 Filed 06/11/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JAMES BOYER, * No. 13-303V
*
Petitioner, * Special Master Moran
*
v. * Filed: May 13, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for
Petitioner;
Glenn Macleod, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On May 11, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, on April 13,
2015, petitioner filed an Application for Attorney’s Fees and Costs (“application”)
seeking a total award of $31,339.81. Upon review of petitioner’s application,
respondent raised objections to certain items. Based on subsequent discussions,
petitioner amended his application to request $30,180.65, an amount to which
respondent does not object. The Court awards this amount.
On April 30, 2013, James Boyer filed a petition for compensation alleging
that the influenza vaccine, which he received on October 14, 2010, caused him to
suffer Guillain-Barré syndrome (“GBS”). Petitioner received compensation based
upon the parties’ stipulation. Decision, issued Nov. 4, 2014. Because 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-00303-UNJ Document 60 Filed 06/11/15 Page 2 of 2
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 $29,408.33, in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred $772.32, in 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. A lump sum of $29,408.33, in the form of a check made payable to
petitioner and petitioner’s attorney, Ronald C. Homer, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-
15(e).
b. A lump sum of $772.32, payable to petitioner, James Boyer, for costs
he incurred in pursuit of his petition.
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