VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00604 Package ID: USCOURTS-cofc-1_13-vv-00604 Petitioner: Anthony Inskeep Filed: 2014-06-04 Decided: 2014-06-04 Vaccine: influenza Vaccination date: 2010-10-11 Condition: Guillain-Barré Syndrome, Bell’s palsy, and hypertension Outcome: compensated Award amount USD: 165000 AI-assisted case summary: On June 4, 2014, Anthony Inskeep filed a petition alleging that he suffered from Guillain-Barré Syndrome (GBS), Bell's palsy, and hypertension caused by an influenza vaccine he received on October 11, 2010. He further alleged that the residual effects of these injuries lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's alleged injuries or his current condition. The parties subsequently reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation and awarded Mr. Inskeep $165,000.00 in compensation for all damages. The award was to be paid via a check made payable to the petitioner. On September 30, 2014, the parties filed a stipulation regarding attorneys' fees and costs. Following informal discussions where the respondent raised objections to certain items in the petitioner's application, the petitioner amended his request. The Special Master found the amended amount to be reasonable and awarded $17,652.95 for attorneys' fees and costs, payable jointly to the petitioner and Rawls, McNelis, and Mitchell, P.C., and $350.00 for the petitioner's costs, payable to the petitioner. Ramon Rodriguez, III, represented the petitioner, and Justine E. Daigneault represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the medical experts consulted by either party. Theory of causation field: Petitioner alleged that an October 11, 2010, influenza vaccine caused Guillain-Barré Syndrome (GBS), Bell's palsy, and hypertension, with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to resolve the case. Special Master Laura D. Millman awarded $165,000.00 for all damages. Attorneys' fees and costs were subsequently stipulated and awarded as $17,652.95 (jointly to petitioner and Rawls, McNelis, and Mitchell, P.C.) and $350.00 (to petitioner). Petitioner counsel was Ramon Rodriguez, III; respondent counsel was Justine E. Daigneault. The public decision does not detail the specific theory of causation, medical experts, or evidence presented. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00604-0 Date issued/filed: 2014-06-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/04/2014) regarding 16 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00604-UNJ Document 20 Filed 06/25/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-604V Filed: June 4, 2014 Not for Publication ************************************* ANTHONY INSKEEP, * * Petitioner, * * Damages decision based on stipulation; v. * influenza vaccine; Guillain-Barré Syndrome; * Bell’s palsy; hypertension SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ramon Rodriguez, III, Richmond, VA, for petitioner. Justine E. Daigneault, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On June 4, 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”), Bell’s palsy, and hypertension that were caused by his October 11, 2010, receipt of influenza (“flu”) vaccine. He further alleges that he experienced the residual effects of these injuries for more than six months. Respondent denies that the flu vaccine caused petitioner’s GBS, Bell’s palsy, hypertension, any other injury, 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-00604-UNJ Document 20 Filed 06/25/14 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 $165,000.00, 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 $165,000.00 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: June 4, 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-00604-UNJ Document 20 Filed 06/25/14 Page 3 of 7 Case 1:13-vv-00604-UNJ Document 20 Filed 06/25/14 Page 4 of 7 Case 1:13-vv-00604-UNJ Document 20 Filed 06/25/14 Page 5 of 7 Case 1:13-vv-00604-UNJ Document 20 Filed 06/25/14 Page 6 of 7 Case 1:13-vv-00604-UNJ Document 20 Filed 06/25/14 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00604-1 Date issued/filed: 2014-10-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/30/2014) regarding 23 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00604-UNJ Document 26 Filed 10/21/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-604V Filed: September 30, 2014 Not for Publication ************************************* ANTHONY INSKEEP, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ramon Rodriguez, III, Richmond, VA, for petitioner. Justine E. Daigneault, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On September 29, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. Petitioner submitted his request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner amends his request to $17,652.95 for attorneys’ fees and 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-00604-UNJ Document 26 Filed 10/21/14 Page 2 of 2 costs and $350.00 for petitioner’s costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards: a. $17,652.95, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Rawls, McNelis, and Mitchell, P.C. in the amount of $17,652.95; and b. $350.00, representing reimbursement for petitioner’s costs. The award shall be in the form of a check payable to petitioner in the amount of $350.00. 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: September 30, 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