James E. Smith v. HHS - Influenza, Guillain-Barré Syndrome (2014)

James E. Smith filed a petition on August 28, 2013, alleging that a trivalent influenza (flu) vaccination he received on October 4, 2010, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months.

Respondent denied that the flu vaccine caused petitioner's GBS or any other injury. The parties, represented by Michael S.

Pemberton of Pemberton & Scott, PLLP for the petitioner and Tara J. Kilfoyle of the U.S.

Department of Justice for the respondent, agreed to a joint stipulation filed on April 21, 2014. Special Master Christian J.

Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As part of the stipulation, Mr.

Smith received a lump sum of $60,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on July 22, 2014, the parties filed a stipulation concerning attorneys' fees and costs.

Mr. Smith sought $14,495.92 in fees and costs for his counsel, an amount to which the respondent did not object after an amended application.

Special Master Moran awarded this amount in a decision filed on September 2, 2014, as a lump sum payable to both the petitioner and his attorney, Michael S. Pemberton, for attorneys' fees and litigation costs available under 42 U.S.C. § 300aa-15(e).