VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00561
Package ID: USCOURTS-cofc-1_13-vv-00561
Petitioner: Jimmy Tillman
Filed: 2015-03-09
Decided: 2015-08-05
Vaccine: influenza
Vaccination date: 2011-11-07
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 154137

AI-assisted case summary:
Jimmy Tillman filed a petition on August 8, 2013, alleging that he developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on November 7, 2011. He further alleged that he experienced residual effects of his injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Mr. Tillman's GBS or any other injury. On February 10, 2015, the parties filed a joint stipulation for damages, which Special Master Thomas L. Gowen adopted. The stipulation awarded Mr. Tillman compensation totaling $154,137.35. This amount included $300.12 payable to the Louisiana Department of Health and Hospitals/Medicaid to satisfy any state lien, and $131,464.23 payable to Mr. Tillman for all other damages. Separately, on July 15, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Gowen approved this stipulation, awarding $22,673.63 jointly to Mr. Tillman and his attorney, Danielle A. Strait of Maglio Christopher & Toale, PA. The court entered judgment accordingly.

Theory of causation field:
Petitioner Jimmy Tillman alleged that he developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on November 7, 2011. The respondent denied causation. The parties filed a joint stipulation for damages and a separate stipulation for attorneys' fees and costs. Special Master Thomas L. Gowen adopted the damages stipulation, awarding $131,464.23 to petitioner for all damages and $300.12 to Louisiana Medicaid for any state lien. A total of $22,673.63 was awarded for attorneys' fees and costs, jointly payable to petitioner and his attorney, Danielle A. Strait. The public decision does not describe the specific medical or scientific theory of causation, nor does it name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00561-0
Date issued/filed: 2015-03-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/12/2015) regarding 38 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00561-UNJ Document 42 Filed 03/09/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-561V
Filed: February 12, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
JIMMY TILLMAN *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillian-Barré Syndrome
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio Christopher & Toale, PA, Washington, D.C., for petitioner.
Claudia B. Gangi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On August 8, 2013, Jimmy Tillman (“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 as a result of receiving an influenza (“flu”) vaccine on November 7, 2011, he developed
Guillain-Barré Syndrome (“GBS”). Stipulation ¶ 2, 4, filed Feb. 10, 2015. Further, petitioner
alleged that he experienced residual effects of his injury for more than six months. Petition at ¶ 6.
On February 10, 2015, the parties filed a stipulation in which they state that a decision
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-00561-UNJ Document 42 Filed 03/09/15 Page 2 of 7
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s GBS or any other injury, or his current condition. Stipulation at ¶ 6. 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 stipulate that petitioner shall receive the following compensation:
a. A lump sum of $300.12 in the form of a check payable to the
Louisiana Department of Health and Hospitals/Medicaid,
P.O. Box 3836,
Baton Rouge, LA 70821-3836
Attention: Daniel L. Duhon
Petitioner agrees to endorse this payment to the State of Louisiana. This amount represents
full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of
Louisiana has made to or on behalf of Jimmy Tillman from the date of his eligibility for benefits
through the date of judgment in this case as a result of his alleged vaccine-related injury suffered
on or about December 16, 2011, under Title XIX of the Social Security Act; and
b. A lump sum of $131,464.23, in the form of a check payable to petitioner, Jimmy
Tillman. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Stipulation at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00561-1
Date issued/filed: 2015-08-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/15/2015) regarding 44 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00561-UNJ Document 47 Filed 08/05/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-561V
Filed: July 15, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
JIMMY TILLMAN, *
* Special Master Gowen
Petitioner, *
*
v. * Joint Stipulation;
* Attorneys’ Fees and Costs.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio Christopher & Toale, PA, Washington, D.C., for petitioner.
Claudia B. Gangi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On August 8, 2013, Jimmy Tillman (“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 as a result of receiving an influenza (“flu”) vaccine on November 7, 2011, he developed
Guillain-Barré Syndrome. Petition at ¶ 1, 3. On February 10, 2015, the parties filed a stipulation
in which they agreed to an award of compensation to petitioner. On February 12, 2015, the
undersigned issued a decision adopting the parties’ stipulation for an award. See Decision on J.
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-00561-UNJ Document 47 Filed 08/05/15 Page 2 of 2
Stip., filed Feb. 12, 2015.
On July 15, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $22,673.63. Stip. for
Fees and Costs ¶ 3. Respondent does not object. Id. In accordance with General Order #9, petitioner
represents that he did not incur any reimbursable costs in pursuit of this claim. Id. at ¶ 5.
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 the parties’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Danielle A. Strait of Maglio Christopher & Toale, PA, in the amount of $22,673.63.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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