VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00751
Package ID: USCOURTS-cofc-1_13-vv-00751
Petitioner: Vernon Gearhart
Filed: 2013-09-27
Decided: 2016-08-25
Vaccine: influenza
Vaccination date: 2011-10-21
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 481468

AI-assisted case summary:
Vernon Gearhart filed a petition on September 27, 2013, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza vaccine he received on October 21, 2011, caused him to develop Guillain-Barré syndrome (GBS). The Secretary of Health and Human Services, the respondent, denied that the flu vaccine caused Mr. Gearhart's GBS or any other injury. Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on August 20, 2015, to settle the case. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. Gearhart a lump sum of $481,468.48. This amount represented compensation for first-year life care expenses ($51,147.49), lost earnings ($233,654.23), pain and suffering ($195,841.47), and past unreimbursable expenses ($825.29). Additionally, an amount sufficient to purchase an annuity contract for future life care expenses was awarded. Petitioner's counsel was Rachel E. Gusman of Graves, Barkett & McLain, PLLC. Respondent's counsel was Linda S. Renzi of the U.S. Department of Justice. Separately, on September 17, 2015, the parties filed a stipulation regarding attorney's fees and costs. Special Master Corcoran approved an award of $37,278.00 for attorney's fees and costs, payable jointly to Petitioner and his counsel, Rachel E. Gusman. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Vernon Gearhart alleged that an influenza vaccine received on October 21, 2011, caused him to develop Guillain-Barré syndrome (GBS). The respondent denied causation. The parties reached a joint stipulation on August 20, 2015, to settle the case. Special Master Brian H. Corcoran adopted the stipulation as his decision. The award included a lump sum of $481,468.48, comprising first year life care expenses ($51,147.49), lost earnings ($233,654.23), pain and suffering ($195,841.47), and past unreimbursable expenses ($825.29), plus an annuity for future life care expenses. Attorney's fees and costs of $37,278.00 were awarded separately. Petitioner's counsel was Rachel E. Gusman of Graves, Barkett & McLain, PLLC. The public decision does not detail the specific medical experts, the mechanism of causation, or the clinical progression of the injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00751-0
Date issued/filed: 2015-12-16
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 08/20/2015) Regarding 32 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:13-vv-00751-UNJ Document 40 Filed 12/16/15 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-751V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
VERNON GEARHART, * Filed: August 20, 2015
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”)
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Rachel E. Gusman, Graves, Barkett & McLain, PLLC, Tulsa, OK, for Petitioner.
Linda S. Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 27, 2015, Vernon Gearhart filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that
he suffered from Guillain-Barré syndrome (“GBS”) as a result of his October 21, 2011, receipt of
the influenza (“flu”) vaccine.
Respondent denies that Petitioner’s receipt of the flu vaccine caused him to suffer from
GBS, any other injury, or his current condition. Nonetheless both parties, while maintaining their
1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States
Court of Federal Claims website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential
information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole decision will be available to
the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)).

Case 1:13-vv-00751-UNJ Document 40 Filed 12/16/15 Page 2 of 10
above-stated positions, agreed in a stipulation (filed August 20, 2015) that the issues before them
could be settled, and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $481,468.48, which amount represents compensation for first year life
care expenses ($51,147.49), lost earnings ($233,654.23), pain and suffering
($195,841.47), and past unreimbursable expenses ($825.29), in the form of a check
payable to Petitioner; and
 An amount sufficient to purchase the annuity contract described in paragraph ten of the
attached stipulation, paid to the life insurance company from which the annuity will be
purchased.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amounts set forth above to be made
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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00751-1
Date issued/filed: 2016-08-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/25/2015) Regarding 37 DECISION Fees Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties.
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Case 1:13-vv-00751-UNJ Document 41 Filed 08/25/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-751V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
VERNON GEARHART, * Filed: September 25, 2015
*
Petitioner, *
* Decision by Stipulation;
v. * Attorney’s Fees and Costs
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Rachel E. Gusman, Graves, Barkett & McLain, PLLC, Tulsa, OK, for Petitioner.
Linda S. Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On September 27, 2013, Vernon Gearhart filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 ECF No. 1. Thereafter, on August 20, 2015, the
parties filed a stipulation settling the case and detailing the amount to be awarded to Petitioner.
ECF No. 30. I subsequently issued a decision finding the parties’ stipulation to be reasonable and
granting Petitioner an award as outlined in the stipulation. ECF No. 32.
1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States
Court of Federal Claims website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential
information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole decision will be available to
the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)).

Case 1:13-vv-00751-UNJ Document 41 Filed 08/25/16 Page 2 of 2
On September 17, 2015, the parties filed another stipulation, this time regarding attorney’s
fees and costs. ECF No. 36. Petitioner requests reimbursement of attorney’s fees and costs in the
amount of $37,278.00. Id. This amount represents a sum to which Respondent does not object. Id.
In addition, and in compliance with General Order No. 9, Petitioner’s counsel represents that
Petitioner did not personally incur any expenses in litigating this case. Id.
I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly,
an award of $37,278.00 shall be made in the form of a check payable jointly to Petitioner and
Petitioner’s counsel, Rachel E. Gusman, Esq. Payment of this amounts represents all attorney’s
fees and costs available under 42 U.S.C. § 300aa-15(e). 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/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2