VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00744 Package ID: USCOURTS-cofc-1_13-vv-00744 Petitioner: Jackie Allen Williams Filed: 2014-12-29 Decided: 2014-12-31 Vaccine: influenza Vaccination date: 2011-03-16 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 44931 AI-assisted case summary: Jackie Allen Williams filed a petition on December 29, 2014, alleging that he suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine he received on March 16, 2011. He further alleged that he experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccination caused Mr. Williams' GBS or any other injury. Despite the respondent's denial of causation, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Jackie Allen Williams compensation. The award included a lump sum of $44,931.14 for all damages, a lump sum of $68.68 to satisfy a Medicaid lien from the State of Idaho, and a lump sum of $25,907.00 for reimbursement of a medical expense related to his GBS. The award for damages and the Medicaid lien satisfaction were made payable to petitioner, while the medical expense reimbursement was made payable jointly to petitioner and Community Hospital of Anaconda. Separately, on December 31, 2014, Special Master Millman issued a decision regarding attorneys' fees and costs. The parties had filed a stipulation of fact agreeing on the amount. Petitioner asserted no costs were incurred. After informal discussions where the respondent raised objections to certain items in the petitioner's initial application, the application was amended. The final agreed-upon amount for attorneys' fees and costs was $12,611.05. Respondent did not object to this amount, and Special Master Millman found it reasonable. This award was made payable jointly to petitioner and Maglio, Christopher, & Toale, P.A. The total award to the petitioner was $44,931.14 for damages, $68.68 for the Medicaid lien, and $25,907.00 for medical expenses, plus $12,611.05 for attorneys' fees and costs. Theory of causation field: Petitioner Jackie Allen Williams alleged that his March 16, 2011 influenza vaccine caused Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation. The public decision does not describe the specific medical experts, clinical details of the GBS onset or progression, diagnostic tests, treatments, or the precise mechanism of causation. The case was resolved via stipulation, not through litigation of the causation theory. The award included $44,931.14 for damages, $68.68 for a Medicaid lien, and $25,907.00 for medical expenses, totaling $70,906.82 in compensation, plus $12,611.05 for attorneys' fees and costs. The decision was issued on December 29, 2014, with the fees decision on December 31, 2014. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00744-0 Date issued/filed: 2015-01-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/29/2014) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00744-UNJ Document 37 Filed 01/20/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-744V Filed: December 29, 2014 Not for Publication ************************************* JACKIE ALLEN WILLIAMS, * * Petitioner, * Damages decision based on stipulation; * influenza (flu) vaccine; Guillain-Barré v. * Syndrome (GBS) * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Diana Stadelnikas Sedar, Sarasota, FL, for petitioner. Alexis B. Babcock, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On December 29, 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 Guillain-Barré Syndrome (“GBS”) that was caused by his March 16, 2011 receipt of influenza vaccine. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s GBS was caused-in-fact by his influenza vaccination and further denies that the vaccine caused 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’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 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-00744-UNJ Document 37 Filed 01/20/15 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. a lump sum of $44,931.14, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $44,931.14 payable to petitioner; b. a lump sum of $68.68, representing compensation for satisfaction of the State of Idaho Medicaid lien. The award shall be in the form of a check for $68.68 payable jointly to petitioner and HMS Recovery Unit P.O. Box 2894 Boise, Idaho 83701-5875 ATTN: Summer Edwards Petitioner agrees to endorse this payment to the State of Idaho; and c. a lump sum of $25,907.00, representing reimbursement for a medical expense incurred by petitioner as a result of his GBS. The award shall be in the form of a check for $25,907.00, made payable jointly to petitioner and Community Hospital of Anaconda. Petitioner agrees to endorse this payment to Community Hospital of Anaconda. 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: December 29, 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-00744-UNJ Document 37 Filed 01/20/15 Page 3 of 7 Case 1:13-vv-00744-UNJ Document 37 Filed 01/20/15 Page 4 of 7 Case 1:13-vv-00744-UNJ Document 37 Filed 01/20/15 Page 5 of 7 Case 1:13-vv-00744-UNJ Document 37 Filed 01/20/15 Page 6 of 7 Case 1:13-vv-00744-UNJ Document 37 Filed 01/20/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00744-1 Date issued/filed: 2015-01-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/31/2014) regarding 33 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00744-UNJ Document 38 Filed 01/21/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-744V Filed: December 31, 2014 Not for Publication ************************************* JACKIE ALLEN WILLIAMS, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Diana L. Stadelnikas Sedar, Sarasota, FL, for petitioner. Alexis B. Babcock, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On December 31, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with General Order #9, petitioner asserts that he did not incur any costs in pursuit of his petition. 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 application for 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-00744-UNJ Document 38 Filed 01/21/15 Page 2 of 2 attorneys’ fees and costs to $12,611.05. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $12,611.05, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Maglio, Christopher, & Toale, P.A. for $12,611.05. 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: December 31, 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