VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00514
Package ID: USCOURTS-cofc-1_13-vv-00514
Petitioner: Douglas A. Graham
Filed: 2014-04-02
Decided: 2014-04-16
Vaccine: influenza
Vaccination date: 2010-10-06
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
On April 2, 2014, Douglas A. Graham filed a petition alleging that he suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine he received on October 6, 2010. 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 flu vaccine caused petitioner's GBS, residual effects, or any other condition. Despite the denial, the parties reached a stipulation to resolve the matter. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Douglas A. Graham $200,000.00 in compensation for all damages. This award was to be paid via a check made payable to the petitioner. Separately, on April 16, 2014, the parties filed a stipulation regarding attorneys' fees and costs. Petitioner asserted $570.00 in costs. Petitioner requested reimbursement for attorneys' fees and costs in the amount of $5,850.00, and the respondent did not object to this amount. Special Master Millman found this amount to be reasonable. The court awarded $5,850.00 for attorneys' fees and costs, to be paid via a check made payable jointly to petitioner and his counsel, James W. Borkowski. Additionally, the court awarded $570.00 for petitioner's costs, to be paid via a check made payable to petitioner. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Douglas A. Graham alleged that an October 6, 2010, influenza vaccine caused Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not detail the specific medical experts, clinical findings, onset of symptoms, diagnostic tests, treatments, or the precise mechanism of causation. The case was resolved via stipulation, with Special Master Laura D. Millman adopting the parties' agreement. An award of $200,000.00 for all damages was granted, along with $5,850.00 for attorneys' fees and $570.00 for costs. The decision date for damages was April 2, 2014, and for fees/costs was April 16, 2014. Petitioner's counsel was James W. Borkowski, and respondent's counsel was Jennifer L. Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00514-0
Date issued/filed: 2014-04-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/02/2014) regarding 17 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00514-UNJ Document 25 Filed 04/23/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-514V
Filed: April 2, 2014
Not for Publication
*************************************
DOUGLAS A. GRAHAM, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * flu vaccine; Guillain-Barré Syndrome
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
James W. Borkowski, White Plains, NY, for petitioner.
Jennifer L. Reynaud, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On April 2, 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 Guillain-Barré
Syndrome (“GBS”) that was caused by his October 6, 2010, receipt of influenza (“flu”) vaccine.
He further alleges that he experienced the residual effects of this injury for more than six months.
Respondent denies that flu vaccine caused petitioner’s GBS and residual effects, any other
injuries, or his current condition. 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’ 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 delete 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
delete such material from public access.

Case 1:13-vv-00514-UNJ Document 25 Filed 04/23/14 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$200,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $200,000.00 made payable 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.2
IT IS SO ORDERED.
Dated: April 2, 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

Case 1:13-vv-00514-UNJ Document 25 Filed 04/23/14 Page 3 of 7

Case 1:13-vv-00514-UNJ Document 25 Filed 04/23/14 Page 4 of 7

Case 1:13-vv-00514-UNJ Document 25 Filed 04/23/14 Page 5 of 7

Case 1:13-vv-00514-UNJ Document 25 Filed 04/23/14 Page 6 of 7

Case 1:13-vv-00514-UNJ Document 25 Filed 04/23/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00514-1
Date issued/filed: 2014-05-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/16/2014) regarding 23 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00514-UNJ Document 27 Filed 05/07/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-514V
Filed: April 16, 2014
Not for Publication
*************************************
DOUGLAS A. GRAHAM, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
James W. Borkowski, White Plains, NY, for petitioner.
Jennifer L. Reynaud, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On April 16, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that he incurred
$570.00 in costs in pursuit of his petition. Petitioner submitted his request for attorneys’ fees and
costs to respondent. During informal discussions, respondent raised objections to certain items in
petitioner’s application but found the total amount of fees and costs reasonable. Petitioner
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-00514-UNJ Document 27 Filed 05/07/14 Page 2 of 2
requests reimbursement for attorneys’ fees and costs in the amount of $5,850.00. Respondent
does not object to this amount. The undersigned finds this amount to be reasonable.
Accordingly, the court awards:
a. $5,850.00, representing reimbursement for attorneys’ fees and costs. The award shall
be in the form of a check made payable jointly to petitioner and James W. Borkowski,
in the amount of $5,850.00; and
b. $570.00, representing reimbursement for petitioner’s costs. The award shall be in the
form of a check made payable to petitioner in the amount of $570.00.
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: April 16, 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