VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00344
Package ID: USCOURTS-cofc-1_13-vv-00344
Petitioner: Jesse Knight
Filed: 2013-05-20
Decided: 2015-11-30
Vaccine: influenza
Vaccination date: 2010-09-08
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 236280

AI-assisted case summary:
Jesse Knight filed a petition on May 20, 2013, alleging that an influenza (flu) vaccination he received on September 8, 2010 caused him to develop Guillain-Barré syndrome (GBS) and that he experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed May 1, 2015 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner's compensation included a lump sum of $236,280.32 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, along with an annuity to cover future life care costs. The parties subsequently agreed to attorneys' fees and costs of $53,667.49, payable jointly to petitioner and his counsel, Leonard J. Mark of Tiffany & Bosco, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Sep 8, 2010 → GBS (residual >6 months). Joint stipulation May 1, 2015; SM Dorsey. Comp: lump sum $236,280.32 (life care + lost earnings/P&S/past unreimbursable) + annuity (purchase price unknown). Fees $53,667.49 (Mark, Tiffany & Bosco PA, Phoenix AZ).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00344-0
Date issued/filed: 2015-05-22
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 05/01/2015) regarding 47 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00344-UNJ Document 52 Filed 05/22/15 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-344V
Filed: May 1, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
JESSE KNIGHT, *
*
Petitioner, * Special Master Dorsey
*
v. *
*
SECRETARY OF HEALTH * Joint Stipulation on Damages;
AND HUMAN SERVICES, * Influenza (Flu) Vaccine; Guillain-
* Barré Syndrome (GBS).
Respondent. *
*
* * * * * * * * * * * * * * * *
Leonard John Mark, Tiffany & Bosco, PA, Phoenix, AZ, for petitioner.
Justine Elizabeth Walters, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On May 20, 2013, Jesse Knight (“petitioner”), filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that an influenza (“flu”) vaccine administered to him on September 8, 2010, caused him to suffer
from Guillain-Barré syndrome (“GBS”). Petition at 1-2. Petitioner further alleged that he
suffered the residual effects or complications of his vaccine injury for more than six months. Id.
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-00344-UNJ Document 52 Filed 05/22/15 Page 2 of 9
at 3. On May 1, 2015, the parties filed a stipulation, stating that a decision should be entered
awarding compensation.
Respondent denies that the influenza vaccine caused petitioner to suffer from GBS or any
other injury or his current condition. 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 $236,280.32, in the form of a check payable to petitioner. This
amount represent compensation for first year life care expenses ($41,280.32), and lost
earnings, pain and suffering, and past unreimbursable expenses combined
($195,000.00), and
b. An amount sufficient to purchase the annuity contract described in paragraph 10 of
the attached stipulation (Appendix A), paid to the life insurance company from which
the annuity will be purchased.
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
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.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

Case 1:13-vv-00344-UNJ Document 52 Filed 05/22/15 Page 3 of 9

Case 1:13-vv-00344-UNJ Document 52 Filed 05/22/15 Page 4 of 9

Case 1:13-vv-00344-UNJ Document 52 Filed 05/22/15 Page 5 of 9

Case 1:13-vv-00344-UNJ Document 52 Filed 05/22/15 Page 6 of 9

Case 1:13-vv-00344-UNJ Document 52 Filed 05/22/15 Page 7 of 9

Case 1:13-vv-00344-UNJ Document 52 Filed 05/22/15 Page 8 of 9

Case 1:13-vv-00344-UNJ Document 52 Filed 05/22/15 Page 9 of 9

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00344-1
Date issued/filed: 2015-11-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/10/2015) regarding 57 DECISION Fees Stipulation. Signed by Special Master Mindy Michaels Roth. (mbl) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00344-UNJ Document 58 Filed 11/30/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 10, 2015
******************************************* UNPUBLISHED
JESSE KNIGHT, *
*
Petitioner, * No. 13-344V
*
v. *
* Special Master Roth
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
* Attorneys’ Fees and Costs;
Respondent. * Reasonable Amount Requested to
* which Respondent does Not Object
*******************************************
Leonard J. Mark, Tiffany & Bosco, P.A., Phoenix, AZ for petitioner.
Justine Walters, U.S. Dept. of Justice, Washington, DC for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On May 1, 2015, a decision was entered awarding compensation pursuant to respondent’s
stipulation. On November 10, 2015, 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 $53,667.49. In accordance with General Order #9,
petitioner incurred no out-of-pocket litigation expenses.
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.
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.
1

Case 1:13-vv-00344-UNJ Document 58 Filed 11/30/15 Page 2 of 2
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and Leonard J. Mark in the
amount of $53,667.49.
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/Mindy Michaels Roth
Mindy Michaels Roth
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