VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00842
Package ID: USCOURTS-cofc-1_13-vv-00842
Petitioner: Kevin M. Meaney
Filed: 2013-10-28
Decided: 2015-10-30
Vaccine: influenza
Vaccination date: 2010-11-05
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 75591

AI-assisted case summary:
Kevin M. Meaney filed a petition on October 28, 2013, alleging that an influenza (flu) vaccination he received on November 5, 2010 caused him to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed October 1, 2015 to settle the case. Chief Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a total of $75,591.96, consisting of a lump sum of $25,591.96 to reimburse a State of Florida Medicaid lien payable jointly to petitioner and the Florida Agency for Health Care Administration, plus $50,000.00 representing compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $24,115.22 were awarded separately.

Theory of causation field:
Flu Nov 5, 2010 → GBS. Joint stipulation Oct 1, 2015; CSM Dorsey. FL Medicaid lien $25,591.96 + remaining $50,000 = $75,591.96 (both §300aa-15(a)). Fees $24,115.22 (Krueger, Krueger & Hernandez SC, Baraboo WI).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00842-0
Date issued/filed: 2015-10-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/02/2015) regarding 52 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:13-vv-00842-UNJ Document 59 Filed 10/23/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-842V
Filed: October 2, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KEVIN M. MEANEY, *
*
Petitioner, * Chief Special Master Dorsey
*
v. *
*
SECRETARY OF HEALTH * Joint Stipulation on Damages;
AND HUMAN SERVICES, * Influenza (Flu) Vaccine;
* Guillain-Barre Syndrome (GBS)
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for petitioner.
Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION1
On October 28, 2013, Kevin Meaney (“petitioner”), filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that as a result of receiving the Influenza (Flu) vaccine on November 5, 2010,
he suffered Guillain-Barré syndrome (“GBS”). Petition at 1-2. Petitioner further alleged that he
suffered the residual effects or complications of her vaccine injury for more than six months. Id.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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
Vaccine Rule 18(b), 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).
2 The National Vaccine Injury Compensation Program is set forth in 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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00842-UNJ Document 59 Filed 10/23/15 Page 2 of 7
On October 1, 2015, the parties filed a stipulation, stating that a decision should be entered
awarding compensation.
Respondent denies that the flu vaccine caused petitioner’s GBS or any other injury and
further denies that the vaccination aggravated any injury to petitioner. Nevertheless, the parties
agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the
stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
a. A lump sum of $25,591.96, representing reimbursement of a State of Florida
Medicaid lien, in the form of a check payable jointly to petitioner and:
Agency for Health Care Administration
P.O. Box 12188
Tallahassee, FL 32317-2188,
which petitioner shall endorse to the State; and
b. A lump sum of $50,000.00, in the form of a check payable to petitioner. This
amount represents compensation for all items of damages that would be available
under 42 U.S.C. § 300-aa-15(a), except as set forth in paragraph 8.a. of the stipulation
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

CCaassee 11::1133--vvvv--0000884422--UUNNJJ DDooccuummeenntt 5509 FFiilleedd 1100//0213//1155 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000884422--UUNNJJ DDooccuummeenntt 5509 FFiilleedd 1100//0213//1155 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000884422--UUNNJJ DDooccuummeenntt 5509 FFiilleedd 1100//0213//1155 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000884422--UUNNJJ DDooccuummeenntt 5509 FFiilleedd 1100//0213//1155 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000884422--UUNNJJ DDooccuummeenntt 5509 FFiilleedd 1100//0213//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00842-1
Date issued/filed: 2015-10-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10022015) regarding 53 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:13-vv-00842-UNJ Document 60 Filed 10/30/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-842V
Filed: October 2, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KEVIN M. MEANEY, *
*
Petitioner, * Chief Special Master Dorsey
*
v. *
*
SECRETARY OF HEALTH * Attorney Fees and Costs
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for petitioner.
Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
In this case under the National Vaccine Injury Compensation Program,2 the undersigned
issued a decision on October 2, 2015 that awarded compensation pursuant to the parties’ joint
stipulation. On October 1, 2015, the parties filed a stipulation for attorney fees and costs. The
stipulation indicates that respondent does not object to the amount petitioner is requesting.
Additionally, pursuant to General Order #9, the stipulation notes that petitioner incurred no
personal litigation costs.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
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), petitioner has 14 days to identify and move to delete medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree
that the identified material fits within this definition, I will delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006).
1

Case 1:13-vv-00842-UNJ Document 60 Filed 10/30/15 Page 2 of 2
appropriate. Accordingly, the undersigned hereby awards the total $24,115.223 in the form
of a check payable jointly to petitioner and petitioner’s counsel of record, Mark L.
Krueger, for petitioner’s attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by
the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, 42 U.S.C. §
300aa-15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to
the amount awarded herein. See generally Beck v. Sec’y, HHS, 924 F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See
Vaccine Rule 11(a).
2