VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00309
Package ID: USCOURTS-cofc-1_13-vv-00309
Petitioner: James Gordon Cook
Filed: 2014-09-10
Decided: 2014-09-10
Vaccine: influenza
Vaccination date: 2011-12-11
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Petitioner James Gordon Cook filed a petition on September 10, 2014, alleging that he suffered from Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on December 11, 2011. He further alleged that he experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the GBS or any other injury was caused by the flu vaccination. Despite the denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded James Gordon Cook $120,000.00 for all damages available under 42 U.S.C. § 300aa-15(a). This award was to be paid as a lump sum check made payable to the petitioner. Additionally, the parties agreed on an amount for attorneys' fees and costs. Petitioner requested $15,675.12 in attorneys' fees and costs, and the respondent did not object. The Special Master found this amount to be reasonable. This award was to be paid as a lump sum check made payable jointly to the petitioner and his attorneys, Maglio, Christopher, & Toale, P.A. The decision was issued on September 10, 2014.

Theory of causation field:
Petitioner alleged that he suffered from Guillain-Barré Syndrome (GBS) as a result of his receipt of an influenza vaccine on December 11, 2011, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. The public decision does not describe the specific medical mechanism, expert testimony, or evidence presented regarding causation. The award was $120,000.00 for all damages and $15,675.12 for attorneys' fees and costs, payable jointly to the petitioner and Maglio, Christopher, & Toale, P.A. Special Master Laura D. Millman issued the decision on September 10, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00309-0
Date issued/filed: 2014-10-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/10/2014) regarding 26 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00309-UNJ Document 30 Filed 10/01/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-309V
Filed: September 10, 2014
Not for Publication
*************************************
JAMES GORDON COOK, *
*
Petitioner, *
* Damages decision based on
v. * stipulation; influenza (flu) vaccine;
* Guillain-Barré Syndrome (GBS);
SECRETARY OF HEALTH * fees and costs decision based on
AND HUMAN SERVICES, * stipulation
*
Respondent. *
*
*************************************
Diana Stadelnikas Sedar, Sarasota, FL, for petitioner.
Ann D. Martin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1
On September 9, 2014, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that he suffered from
Guillain-Barré Syndrome (“GBS”) as a result of his receipt of influenza (“flu”) vaccine on
December 11, 2011. Petitioner further alleges that he suffered the residual effects of this injury
for more than six months. Respondent denies that petitioner’s GBS or any other injury was
caused by his flu vaccination. Nonetheless, the parties agreed to resolve this matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat.
2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be
made available to the public unless they contain trade secrets or commercial or financial information that
is privileged and confidential, or medical or similar information whose disclosure would constitute a
clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify
and move to redact such information prior to the document=s disclosure. If the special master, upon
review, agrees that the identified material fits within the banned categories listed above, the special
master shall redact such material from public access.

Case 1:13-vv-00309-UNJ Document 30 Filed 10/01/14 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable, hereby adopts the
parties’ stipulation, and awards compensation in the amount and on the terms set forth therein.
Pursuant to the attached stipulation, the undersigned awards $120,000.00 for reimbursement for
all damages that would be available under 42 U.S.C. § 300aa-15(a) (2006).
The parties have also agreed on an appropriate amount for attorneys’ fees and costs in
this case. In accordance with General Order #9, petitioner asserts that he did not incur out-of-
pocket expenses in pursuit of his petition. Petitioner requests $15,675.12 in attorneys’ fees and
costs. Respondent does not object to this amount. The undersigned finds this amount to be
reasonable.
In sum, the court awards:
a. a lump sum of $120,000.00, representing compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check
made payable to petitioner in the amount of $120,000.00; and
b. a lump sum of $15,675.12, representing reimbursement for attorneys’ fees and costs.
The award shall be in the form of a check made payable jointly to petitioner and
Maglio, Christopher, & Toale, P.A. in the amount of $15,675.12.
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.2
IT IS SO ORDERED.
Dated: September 10, 2014 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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