VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00785
Package ID: USCOURTS-cofc-1_13-vv-00785
Petitioner: James J. Cotner
Filed: 2015-01-28
Decided: 2015-02-20
Vaccine: influenza
Vaccination date: 2010-10-07
Condition: Guillain-Barrè syndrome
Outcome: compensated
Award amount USD: 157961

AI-assisted case summary:
James J. Cotner filed a petition on January 28, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from Guillain-Barrè syndrome (GBS) as a result of receiving an influenza vaccine on October 7, 2010, and that he experienced the effects of this injury for more than six months. The respondent denied that the vaccine caused Petitioner's injuries or his current condition. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on January 14, 2015. The Special Master reviewed the stipulation and found it reasonable, adopting it as the decision. The stipulation awarded a lump sum of $150,000.00 for all damages, payable to Petitioner. Additionally, a lump sum of $7,961.81 was awarded for attorneys' fees and costs, payable jointly to Petitioner and Petitioner's attorney, Douglas Lee Burdette. No out-of-pocket litigation-related costs were incurred by Petitioner. The Special Master, Brian H. Corcoran, approved the award amounts. Judgment was to be entered accordingly. The respondent was represented by Alexis Babcock.

Theory of causation field:
Petitioner James J. Cotner alleged that an influenza vaccine administered on October 7, 2010, caused Guillain-Barrè syndrome (GBS), with effects lasting over six months. Respondent denied causation. The parties stipulated to a settlement, with the Special Master adopting the stipulation as the decision. The stipulation awarded $150,000.00 for damages and $7,961.81 for attorneys' fees and costs. The public decision does not detail the specific theory of causation, medical experts, clinical findings, onset, symptoms, treatments, or the mechanism of injury. Petitioner was represented by Douglas Lee Burdette, and Respondent was represented by Alexis Babcock. Special Master Brian H. Corcoran issued the decision on February 20, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00785-0
Date issued/filed: 2015-02-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/28/2015) regarding 30 DECISION of Special Master Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
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Case 1:13-vv-00785-UNJ Document 35 Filed 02/20/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-785V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
JAMES J. COTNER, * Filed: January 28, 2015
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Attorneys’ Fees and Costs;
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH AND * Guillain-Barrè Syndrome (“GBS”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Douglas Lee Burdette, Burkett & Burdette, Seattle, WA, for Petitioner.
Alexis Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1
On October 9, 2013, James Cotner filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving
the influenza vaccine on October 7, 2010, he suffered from Guillain-Barrè syndrome, and that he
experienced the effects of this injury for more than six months.
Respondent denies that Petitioner’s injuries were caused-in-fact by the influenza
vaccination, and denies that the vaccine caused any other injury or his current condition.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
§ 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has 14 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 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, 42 U.S.C.A. ' 300aa-10 – 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act.

Case 1:13-vv-00785-UNJ Document 35 Filed 02/20/15 Page 2 of 7
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed January 14, 2015) that the issues before them can be settled and that a decision should be
entered awarding Petitioner compensation.
In the same stipulation, the parties also indicated that they had reached an agreement
regarding attorneys’ fees and costs. The stipulation laid out the amount of compensation that
should be awarded to Petitioner’s attorney, in a check made payable jointly to Petitioner and
Petitioner’s counsel. In compliance with General Order #9, the stipulation also stated that no out-
of pocket litigation related costs have been incurred by Petitioner in proceeding on the petition.
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 $150,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a); and
 A lump sum of $7,961.81 in the form of a check payable jointly to Petitioner and
Petitioner’s attorney, for attorneys’ fees and costs available under 42 U.S.C. §
300aa-15(e).
Stipulation ¶ 8.
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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