VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00832
Package ID: USCOURTS-cofc-1_13-vv-00832
Petitioner: Robert N. Jacobson
Filed: 2014-10-01
Decided: 2014-10-01
Vaccine: influenza
Vaccination date: 2010-10-20
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Robert N. Jacobson filed a petition alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by a seasonal influenza vaccine he received on October 20, 2010. He further alleged that he experienced residual effects from the GBS for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Jacobson's alleged GBS or any other injury. The parties reached a stipulation to resolve the matter informally. Special Master Laura D. Millman adopted the stipulation, awarding Mr. Jacobson $200,000.00 in compensation for all damages. This award was to be in the form of a check made payable to the petitioner. Subsequently, the parties filed a stipulation for attorneys' fees and costs. Special Master Millman reviewed this stipulation and awarded $32,233.05 for attorneys' fees and costs, payable jointly to the petitioner and his attorney, the Law Offices of Jack D. Miller. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Robert N. Jacobson alleged that a seasonal influenza vaccine administered on October 20, 2010, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties resolved the case via stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The Special Master adopted the parties' stipulation, awarding $200,000.00 for all damages. Attorneys' fees and costs of $32,233.05 were awarded jointly to the petitioner and his attorney, Jack D. Miller. Special Master Laura D. Millman issued the decisions on October 1, 2014 (damages) and December 19, 2014 (fees).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00832-0
Date issued/filed: 2014-10-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/01/2014) regarding 27 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00832-UNJ Document 31 Filed 10/22/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-832V
Filed: October 1, 2014
Not for Publication
*************************************
ROBERT N. JACOBSON, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; Guillain-Barré
* Syndrome (GBS)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jack D. Miller, Portland, ME, for petitioner.
Gordon E. Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On October 1, 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 from
Guillain-Barré Syndrome (“GBS”) that was caused by his receipt of seasonal influenza (“flu”)
vaccine on October 20, 2010. He further alleges that he experienced the residual effects of this
injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s
alleged GBS and/or any other injury. 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’ 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-00832-UNJ Document 31 Filed 10/22/14 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 lump sum of
$200,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $200,000.00 made payable 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.2
IT IS SO ORDERED.
Dated: October 1, 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

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Case 1:13-vv-00832-UNJ Document 31 Filed 10/22/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00832-1
Date issued/filed: 2015-01-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/19/2014) regarding 34 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00832-UNJ Document 37 Filed 01/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-832V
Filed: December 19, 2014
Not for Publication
*************************************
ROBERT N. JACOBSON, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jack D. Miller, Portland, ME, for petitioner.
Gordon E. Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On December 19, 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 the General Order #9 requirement, 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. Petitioner requests $32,233.05 in reimbursement for attorneys’ fees and
costs, consisting of $20,114.00 in attorneys’ fees and $12,119.05 in attorneys’ costs. Respondent
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-00832-UNJ Document 37 Filed 01/09/15 Page 2 of 2
does not object to this amount. The undersigned finds this amount to be reasonable.
Accordingly, the court awards $32,233.05, representing reimbursement for attorneys’ fees and
costs. The award shall be in the form of a check payable jointly to petitioner and the Law Offices
of Jack D. Miller, in the amount of $32,233.05.
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 19, 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