VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00318
Package ID: USCOURTS-cofc-1_13-vv-00318
Petitioner: Robert Searles, an Individual, Husband, and Personal Representative of Brooke Searles
Filed: 2014-04-29
Decided: 2014-05-20
Vaccine: influenza
Vaccination date: 2011-10-18
Condition: Guillain Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 407390.84

AI-assisted case summary:
On May 6, 2013, Brooke Searles, represented by her husband Robert Searles as Personal Representative, filed a petition under the National Vaccine Injury Compensation Program. Ms. Searles alleged that she received an influenza vaccine on October 18, 2011, and subsequently developed Guillain-Barré Syndrome (GBS) which was caused by the vaccination. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Searles' GBS. However, on April 28, 2014, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded Brooke Searles a total of $407,390.84 in compensation. This amount included a lump sum of $360,946.40 for first-year life expenses, lost earnings, and pain and suffering, payable to petitioner as guardian/conservator of Ms. Searles' estate. A separate lump sum of $32,044.46 was awarded for past unreimbursable expenses, payable to Robert Searles. Additionally, $114,460.80 was awarded as reimbursement for a State of California lien, payable jointly to petitioner and the State Department of Health Services. The award also included an amount sufficient to purchase an annuity contract. Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed. On May 30, 2014, the parties filed a stipulation concerning attorneys' fees and costs. Respondent did not object to a total award of $62,884.50 for attorneys' fees and costs. Special Master Dorsey granted this motion, ordering that $58,450.00 be paid jointly to petitioner and his counsel, Daniel M. Graham, and $4,434.50 be paid solely to petitioner. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical experts consulted by either party. The theory of causation is not detailed in the public decision, other than the allegation that the influenza vaccine caused GBS.

Theory of causation field:
Petitioner alleged that an influenza vaccine administered on October 18, 2011, caused Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties reached a stipulation for damages, and the Special Master adopted the stipulation. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. The case was settled via stipulation, resulting in an award of $407,390.84 for damages, including first-year life expenses, lost earnings, pain and suffering, past unreimbursable expenses, and reimbursement of a State of California lien, plus an amount for an annuity. Attorneys' fees and costs of $62,884.50 were also awarded. Special Master Nora Beth Dorsey issued the decision on May 20, 2014, with a subsequent decision on attorneys' fees on June 24, 2014. Petitioner's counsel was Daniel M. Graham, and respondent's counsel was Tara Kilfoyle. The theory of causation is described as 'Off-Table' in the provided database fields, but this is not elaborated upon in the public decision text.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00318-0
Date issued/filed: 2014-05-20
Pages: 12
Docket text: PUBLIC DECISION (Originally filed: 04/29/2014) regarding 42 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00318-UNJ Document 47 Filed 05/20/14 Page 1 of 12
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-318V
Filed: April 29, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
ROBERT SEARLES, an Individual, *
Husband, and Personal Representative of *
BROOKE SEARLES, *
* Special Master Dorsey
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (Flu) vaccine; Guillain-
* Barré Syndrome (GBS).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Daniel M. Graham, Torrance, CA, for petitioner.
Tara Kilfoyle, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On May 6, 2013, Brooke Searles filed a petition pursuant to the National Vaccine Injury
Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Ms. Searles alleged that she
received an Influenza (“flu”) vaccine on October 18, 2011, and that she thereafter suffered from
Guillain Barré Syndrome (“GBS”) which was caused in fact by the vaccination. See Petition at
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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 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).
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,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00318-UNJ Document 47 Filed 05/20/14 Page 2 of 12
1.3
On April 28, 2014, the parties filed a stipulation in which they agree that a decision
should be entered awarding compensation.
Respondent denies that the flu vaccine caused Ms. Searles’ GBS and/or any other injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
a. A lump sum of $360,946.40, which amount represents compensation for first
year life expenses ($134,674.80), lost earnings ($61,271.60), and pain and
suffering ($165,000.00), in the form of a check payable to petitioner as
guardian/conservator of the estate of Brooke Searles for the benefit of Brooke
Searles. No payments shall be made until petitioner provides respondent with
documentation establishing that he has been appointed as the
guardian/conservator of Brooke Searles’ estate;
b. A lump sum of $32,044.46, which amount represents compensation for past
unreimbursable expenses, in the form of a check payable to petitioner, Robert
Searles;
c. A lump sum of $114,460.80, which amount represents reimbursement of a State
of California lien, in the form of a check payable jointly to petitioner and
Department of Health Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Attn: Mr. Ryan Swift
Petitioner agrees to endorse this check to the State of California Department of
Health Services;
d. An amount sufficient to purchase the annuity contract described in paragraph
10 below, paid to the life insurance company from which the annuity will be
purchased (the “Life Insurance Company”).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
3 On July 22, 2013, petitioner’s counsel moved to amend the caption to reflect that Robert Searles
(“petitioner”) had been granted power of attorney over his wife, Brooke Searles. The motion
was granted. See Order, dated July 25, 2013, at 1.
2

Case 1:13-vv-00318-UNJ Document 47 Filed 05/20/14 Page 3 of 12
Accordingly, an award should be made consistent with the stipulation.
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.4
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
3

CCaassee 1 1:1:133--vvvv--0000331188--UUNNJJ D Dooccuummeennt t4 471 F Filieledd 0 054/2/208/1/144 P Paaggee 4 1 o of f1 92

CCaassee 1 1:1:133--vvvv--0000331188--UUNNJJ D Dooccuummeennt t4 471 F Filieledd 0 054/2/208/1/144 P Paaggee 5 2 o of f1 92

CCaassee 1 1:1:133--vvvv--0000331188--UUNNJJ D Dooccuummeennt t4 471 F Filieledd 0 054/2/208/1/144 P Paaggee 6 3 o of f1 92

CCaassee 1 1:1:133--vvvv--0000331188--UUNNJJ D Dooccuummeennt t4 471 F Filieledd 0 054/2/208/1/144 P Paaggee 7 4 o of f1 92

CCaassee 1 1:1:133--vvvv--0000331188--UUNNJJ D Dooccuummeennt t4 471 F Filieledd 0 054/2/208/1/144 P Paaggee 8 5 o of f1 92

CCaassee 1 1:1:133--vvvv--0000331188--UUNNJJ D Dooccuummeennt t4 471 F Filieledd 0 054/2/208/1/144 P Paaggee 9 6 o of f1 92

CCaasese 1 1:1:133-v-vv-v0-000331188-U-UNNJ J D Doocucummeennt 4t 471 F Fileiledd 0 054/2/208/1/144 P Paaggee 1 70 ooff 912

CCaasese 1 1:1:133-v-vv-v0-000331188-U-UNNJ J D Doocucummeennt 4t 471 F Fileiledd 0 054/2/208/1/144 P Paaggee 1 81 ooff 912

CCaasese 1 1:1:133-v-vv-v0-000331188-U-UNNJ J D Doocucummeennt 4t 471 F Fileiledd 0 054/2/208/1/144 P Paaggee 1 92 ooff 912

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00318-1
Date issued/filed: 2014-06-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06022014) regarding 49 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00318-UNJ Document 52 Filed 06/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 2, 2014
* * * * * * * * * * * * * * *
ROBERT SEARLES, an Individual, * UNPUBLISHED
Husband, and Personal Representative *
of BROOKE SEARLES, * No. 13-318V
*
Petitioners, * Special Master Dorsey
*
v. *
* Attorneys’ fees and costs; reasonable
SECRETARY OF HEALTH * amount requested to which respondent
AND HUMAN SERVICES, * does not object.
*
Respondent. *
* * * * * * * * * * * * * * *
Daniel M. Graham, Law Office of Daniel M. Graham, Torrance, CA, for petitioner.
Tara J. Kilfoyle, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On May 6, 2013, Brooke Searles filed a petition for compensation under the National
Vaccine Injury Compensation Program (“Vaccine Program”)2 alleging that an influenza (flu)
vaccine she received on October 18, 2011, caused her to suffer from Guillain-Barré syndrome.
On July 25, 2013, the caption was amended to reflect that Robert Searles (“petitioner”) had been
granted power of attorney over his wife, Brook Searles. On April 29, 2014, a decision was
entered awarding compensation to petitioner based on the parties’ stipulation.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by 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 entire 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,
42 U.S.C. §§ 300aa-1 to -34 (2006) (“Vaccine Act” or “Act”). All citations in this decision to
individual sections of the Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00318-UNJ Document 52 Filed 06/24/14 Page 2 of 2
On May 30, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and
Costs. According to the stipulation, respondent does not object to a total award of attorneys’ fees
and costs in the amount of $62,884.50. In accordance with General Order #9, petitioner states
that he has advanced $4,434.50 in reimbursable costs in pursuit of his claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and respondent’s counsel’s
lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s
motion for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to Daniel M. Graham, of the
Law Office of Daniel M. Graham, in the amount of $58,450.00, and
in the form of a check, payable solely to petitioner, in the amount of $4,434.50.
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.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 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