VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00606
Package ID: USCOURTS-cofc-1_13-vv-00606
Petitioner: Leonard Kazmierski
Filed: 2013-08-23
Decided: 2014-11-26
Vaccine: influenza
Vaccination date: 2010-09-01
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 236474

AI-assisted case summary:
Leonard Kazmierski filed a petition on August 23, 2013, alleging that an influenza vaccine administered on September 1, 2010, caused him to develop Guillain-Barré syndrome (GBS). The respondent denied that the flu vaccine caused Petitioner's GBS or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, both parties filed a joint stipulation on October 30, 2014, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded compensation in the form of a lump sum of $190,411.67, which included $29,660.48 for first-year life care expenses and $160,751.19 for pain and suffering. Additionally, Petitioner received a lump sum of $46,061.87 to reimburse a State of Missouri Medicaid lien. An amount sufficient to purchase an annuity contract for future life care expenses was also awarded. The total lump sum compensation, including the Medicaid lien reimbursement, amounted to $236,473.54. Petitioner was represented by Mark Paul Schloegel of the Popham Law Firm. Respondent was represented by Lynn Ricciardella of the United States Department of Justice. Separately, on November 3, 2014, the parties filed a Stipulation of Attorneys’ Fees and Costs, agreeing to an award of $24,328.85 for fees and costs incurred by Petitioner and his counsel. Special Master Hamilton-Fieldman found this amount reasonable and appropriate, awarding it in a check made payable jointly to Petitioner and his counsel. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.

Theory of causation field:
Petitioner alleged that an influenza vaccine administered on September 1, 2010, caused Guillain-Barré syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation on October 30, 2014, and Special Master Lisa Hamilton-Fieldman adopted it as the decision. Petitioner received a lump sum of $190,411.67 (Year 1 life care $29,660.48 + pain and suffering $160,751.19), plus $46,061.87 for Missouri Medicaid lien reimbursement, and an annuity for future life care. Total compensation was $236,473.54. Attorneys' fees and costs were stipulated at $24,328.85, awarded jointly to Petitioner and counsel Mark Schloegel of the Popham Law Firm. Respondent's counsel was Lynn Ricciardella. The public decision does not detail the specific mechanism of injury or name medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00606-0
Date issued/filed: 2014-11-26
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 10/30/2014) regarding 16 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00606-UNJ Document 21 Filed 11/26/14 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-606V
Filed: October 30, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
LEONARD KAZMIERSKI, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine; Guillain-
* Barré syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Mark Paul Schloegel, Popham Law Firm, Kansas City, MO, for Petitioner.
Lynn Ricciardella, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On August 23, 2013, Leonard Kazmierski (“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 he suffered from Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine administered to him on September 1, 2010.
On October 30, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation.
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-00606-UNJ Document 21 Filed 11/26/14 Page 2 of 9
Respondent denies that the flu vaccine caused Petitioner to suffer from GBS or any other
injury, and denies that his current disabilities are sequelae of a vaccine-related 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 stipulate that Petitioner shall receive the following compensation:
A lump sum of $190,411.67, which amount represents compensation for first year
life care expenses ($29,660.48) and pain and suffering ($160,751.19), in the form of a
check payable to Petitioner;
A lump sum of $46,061.87, which amount represents reimbursement of a State of
Missouri Medicaid lien, in the form of a check payable jointly to Petitioner and
MO HealthNet Division
Cost Recovery Unit
P.O. Box 6500
Jefferson City, MO 65102-6500
DCN: 63830148
Petitioner agrees to endorse the check to the Missouri Department of Social
Services, and
An amount sufficient to purchase the annuity contract described in paragraph 10 of
the parties’ stipulation, 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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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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CCaassee 11::1133--vvvv--0000660066--UUNNJJ DDooccuummeenntt 1251 FFiilleedd 1101//3206//1144 PPaaggee 24 ooff 79

CCaassee 11::1133--vvvv--0000660066--UUNNJJ DDooccuummeenntt 1251 FFiilleedd 1101//3206//1144 PPaaggee 35 ooff 79

CCaassee 11::1133--vvvv--0000660066--UUNNJJ DDooccuummeenntt 1251 FFiilleedd 1101//3206//1144 PPaaggee 46 ooff 79

CCaassee 11::1133--vvvv--0000660066--UUNNJJ DDooccuummeenntt 1251 FFiilleedd 1101//3206//1144 PPaaggee 57 ooff 79

CCaassee 11::1133--vvvv--0000660066--UUNNJJ DDooccuummeenntt 1251 FFiilleedd 1101//3206//1144 PPaaggee 68 ooff 79

CCaassee 11::1133--vvvv--0000660066--UUNNJJ DDooccuummeenntt 1251 FFiilleedd 1101//3206//1144 PPaaggee 79 ooff 79

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00606-1
Date issued/filed: 2014-11-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/04/2014) regarding 18 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00606-UNJ Document 22 Filed 11/26/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-606V
Filed: November 4, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
LEONARD KAZMIERSKI, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Decision on Attorneys’ Fees and
v. * Costs; Reasonable Amount
* Requested to Which Respondent
SECRETARY OF HEALTH * Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Mark Paul Schloegel, Popham Law Firm, Kansas City, MO, for Petitioner.
Lynn Ricciardella, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On August 23, 2013, Leonard Kazmierski (“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 he suffered from Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine administered to him on September 1, 2010. On October 30, 2014, the
undersigned issued a decision awarding compensation to Petitioner.
On November 3, 2014, the parties filed a Stipulation of Attorneys’ Fees and Costs. The
parties have agreed to an award of $24,328.85 for attorneys’ fees and costs incurred by Petitioner
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-00606-UNJ Document 22 Filed 11/26/14 Page 2 of 2
and his counsel. In accordance with General Order Number 9, Petitioner represents that he has
not personally incurred any expenses in this case.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $24,328.85, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Mark
Schloegel, of the Popham Law Firm, P.C.
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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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