VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00836 Package ID: USCOURTS-cofc-1_13-vv-00836 Petitioner: Charles Kiklis Filed: 2013-10-25 Decided: 2014-08-05 Vaccine: influenza Vaccination date: 2012-09-18 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 218000 AI-assisted case summary: Charles Kiklis filed a petition for compensation under the National Vaccine Injury Compensation Program on October 25, 2013. He alleged that he suffered from Guillain-Barré Syndrome (GBS) caused by a flu vaccination he received on September 18, 2012, and that he experienced residual effects of his injuries for more than six months. The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. The parties subsequently agreed to settle the case. On July 11, 2014, they filed a joint stipulation outlining the settlement terms. Special Master Thomas L. Gowen reviewed the stipulation and adopted it as the decision of the Court. Under the terms of the stipulation, the respondent agreed to pay the petitioner a lump sum of $218,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $12,081.53 was awarded for attorneys' fees and costs, payable jointly to the petitioner and his attorney, Howard S. Gold, Esq. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Howard S. Gold, Esq., of Gold Law Firm, LLC, and respondent was represented by Ann D. Martin, Esq., of the U.S. Dept. of Justice. Theory of causation field: Petitioner Charles Kiklis alleged that a flu vaccination received on September 18, 2012, caused Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement via joint stipulation filed on July 11, 2014. Special Master Thomas L. Gowen adopted the stipulation. The settlement included a lump sum award of $218,000.00 for damages under 42 U.S.C. § 300aa-15(a) and $12,081.53 for attorneys' fees and costs. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the theory of causation, relying instead on the joint stipulation for resolution. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00836-0 Date issued/filed: 2014-08-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/14/2014) regarding 20 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00836-UNJ Document 24 Filed 08/05/14 Page 1 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 13-0836V Filed: July 14, 2014 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * CHARLES KIKLIS, * * Petitioner, * Stipulation; Flu; GBS; v. * Attorneys’ Fees and Costs * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howard S. Gold, Esq., Gold Law Firm, LLC, Wellesley Hills, MA for petitioner. Ann D. Martin, Esq., U.S. Dept. of Justice, Washington, DC for respondent. DECISION ON JOINT STIPULATION1 Gowen, Special Master: Charles Kiklis [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on October 25, 2013. Petitioner alleges that he suffered from Guillain-Barre Syndrome [“GBS”] that was caused in fact by a flu vaccination he received on September 18, 2012. See Stipulation, filed July 11, 2014, at ¶¶ 2, 4. Further, petitioner alleges that he experienced residual effects of his injuries for more than six months. Stipulation at ¶ 4. Respondent denies that the petitioner’s flu vaccine caused GBS, or any other injury. Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision 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 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Case 1:13-vv-00836-UNJ Document 24 Filed 08/05/14 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On July 11, 2014, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner: a. A lump sum of $218,000.00 in the form of a check payable to petitioner, Charles Kiklis. This amount represents compensation for all damages that would be available under § 300aa-15(a); and b. A lump sum of $12,081.53 in the form of a check payable jointly to petitioner and petitioner’s attorney, Howard S. Gold, Esq., for attorneys’ fees and costs available under § 300aa-15(e); and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition. The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 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