VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00763
Package ID: USCOURTS-cofc-1_13-vv-00763
Petitioner: Douglas Swift
Filed: 2014-06-05
Decided: 2014-06-27
Vaccine: influenza
Vaccination date: 2012-09-22
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 70812

AI-assisted case summary:
Douglas Swift filed a petition on June 5, 2014, alleging that the influenza vaccine he received on September 22, 2012, caused him to develop Guillain-Barré Syndrome (GBS) and experience residual effects for more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Swift's GBS or any other injury. Despite the respondent's denial, the parties reached a joint stipulation to resolve the case. The stipulation awarded Mr. Swift a lump sum of $53,812.78 for all damages. Additionally, the parties stipulated to attorneys' fees and costs in the amount of $16,000.00, payable jointly to Mr. Swift and his attorney, Sheila A. Bjorklund of the Lommen Abdo Law Firm. Special Master Christian J. Moran adopted these stipulations as the final award. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The public decision does not name any medical experts for either party.

Theory of causation field:
Petitioner Douglas Swift alleged that the influenza vaccine received on September 22, 2012, caused Guillain-Barré Syndrome (GBS), an injury listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a joint stipulation for compensation. The award included a lump sum of $53,812.78 for all damages and $16,000.00 for attorneys' fees and costs, payable jointly to petitioner and his attorney, Sheila A. Bjorklund. Special Master Christian J. Moran adopted the stipulation on June 27, 2014. The public decision does not detail the specific mechanism of causation, medical experts, or evidence presented.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00763-0
Date issued/filed: 2014-06-27
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 06/05/2014) regarding 25 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00763-UNJ Document 29 Filed 06/27/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
DOUGLAS SWIFT, * No. 13-763V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: June 5, 2014
*
SECRETARY OF HEALTH * Stipulation; influenza (flu) vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”);
* attorneys’ fees and costs.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Sheila A. Bjorklund, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner;
Lara A. Englund, U.S. Dep’t of Justice, Washington, D.C., for Respondent.
UNPUBLISHED DECISION1
On May 22, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Douglas Swift. In his petition, Mr. Swift alleged that the
influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. §100.3(a), and which he received on September 22, 2012,
caused him to suffer Guillain-Barré Syndrome (“GBS”). Petitioner further alleges
that he experienced 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 on his behalf as a result of his condition.
Respondent denies that petitioner's alleged GBS and residual effects were
caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine
caused petitioner any other injury or his current condition.
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-00763-UNJ Document 29 Filed 06/27/14 Page 2 of 8
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A.
Respondent also filed a joint stipulation of fact concerning final attorneys’
fees and costs on May 22, 2014. Prior to filing this stipulation, Mr. Swift
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, petitioner amended his
application to request $16,000.00, an amount to which respondent does not object.2
Additionally, in compliance with General Order No. 9, Mr. Swift states that he
incurred no out-of-pocket litigation expenses while pursuing this claim.
The undersigned finds said stipulations reasonable and adopts it as the
decision of the Court in awarding damages and attorneys’ fees and costs, on the
terms set forth therein.
Compensation awarded in the stipulations includes:
A. A lump sum of $53,812.78 in the form of a check payable to
petitioner, Douglas Swift. This amount represents compensation for
all damages that would be available under 42 U. S.C. § 300aa- 15(a).
B. A lump sum of $16,000.00 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Sheila A. Bjorklundof the
Lommen Abdo Law Firm, for attorneys’ 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 is directed to enter judgment in case 13-763V according to this decision
and the attached stipulation.3
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
2 The undersigned ordered that petitioner file his draft application for fees and costs for
review. See order, filed May 28, 2014. On June 5, 2014, petitioner submitted his draft
application with comments objecting to the undersigned’s order.
3 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

Case 1:13-vv-00763-UNJ Document 29 Filed 06/27/14 Page 3 of 8
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3

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