VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00617
Package ID: USCOURTS-cofc-1_13-vv-00617
Petitioner: James E. Smith
Filed: 2013-08-28
Decided: 2014-09-02
Vaccine: trivalent influenza
Vaccination date: 2010-10-04
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
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).

Theory of causation field:
Petitioner James E. Smith alleged that a trivalent influenza vaccine received on October 4, 2010, caused Guillain-Barré Syndrome (GBS), an injury listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on April 21, 2014, which Special Master Christian J. Moran adopted. The stipulation resulted in an award of $60,000.00 for damages. A subsequent stipulation on July 22, 2014, addressed attorneys' fees and costs, with Special Master Moran awarding $14,495.92 to petitioner and his counsel, Michael S. Pemberton, as respondent did not object to the amended amount. The public decision does not describe the specific medical onset, symptoms, diagnostic tests, treatments, or expert witnesses, nor does it detail the mechanism of causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00617-0
Date issued/filed: 2014-06-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/24/2014) regarding 19 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00617-UNJ Document 23 Filed 06/09/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * *
JAMES E. SMITH, *
*
Petitioner, * No. 13-617V
v. * Special Master Christian J. Moran
*
SECRETARY OF HEALTH * Filed: April 24, 2014
AND HUMAN SERVICES, *
* Stipulation; Trivalent Influenza
Respondent. * (“flu”) vaccine, Guillain-Barre´
* syndrome (“GBS”).
* * * * * * * * * * * * * * * * * * * *
Michael S. Pemberton, Pemberton & Scott, PLLP, Knoxville, TN, for Petitioner;
Tara J. Kilfoyle, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 21, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by James Smith on August 28, 2013. In his
petition, Mr. Smith alleged that the trivalent influenza (“flu”) vaccination, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and
which he received on October 4, 2010, caused him to develop Guillain-Barré
Syndrome (“GBS”). Petitioner further alleges that he experienced the residual
effects of this injury for more than six months. Petitioner represents that there has
been no prior award or settlement of a civil action for damages as a result of his
condition.
Respondent denies that the flu immunization is the cause of petitioner’s
alleged GBS, and or any other injury.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00617-UNJ Document 23 Filed 06/09/14 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $60,000.00 in the form of a check payable to petitioner,
James Smith. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-617V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Marc Langston, at (202)
357-6392.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

CCaassee 11::1133--vvvv--0000661177--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 0046//2019//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000661177--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 0046//2019//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000661177--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 0046//2019//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000661177--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 0046//2019//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000661177--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 0046//2019//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00617-1
Date issued/filed: 2014-09-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/23/2014) regarding 27 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00617-UNJ Document 29 Filed 09/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JAMES E. SMITH, *
*
Petitioner, * No. 13-617V
* Special Master Christian J. Moran
*
v. * Filed: July 23, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Michael S. Pemberton, Pemberton & Scott, PLLP, Knoxville, TN, for Petitioner;
Tara J. Kilfoyle, U.S. Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On July 22, 2014, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, Mr. Smith
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, Mr. Smith amended his
application to request $ 14,495.92, an amount to which respondent does not object.
The Court awards this amount.
On August 28, 2013, Mr. Smith filed a petition for compensation alleging
that the trivalent influenza (“flu”) vaccination, which is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00617-UNJ Document 29 Filed 09/02/14 Page 2 of 2
4, 2010, caused him to develop Guillain-Barré Syndrome (“GBS”). Mr. Smith
received compensation based upon the parties’ stipulation. Decision, filed April
24, 2014. Because Mr. Smith received compensation, he is entitled to an award of
attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Mr. Smith seeks a total of $14,495.92 in attorneys’ fees and costs for his
counsel. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
A lump sum of $14,495.92 in the form of a check made payable to
petitioner and petitioner’s attorney, Michael S. Pemberton, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Marc Langston, at (202)
357-6392.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master