VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00897
Package ID: USCOURTS-cofc-1_13-vv-00897
Petitioner: Laura J. Lebel
Filed: 2013-11-12
Decided: 2014-11-21
Vaccine: influenza
Vaccination date: 2011-10-04
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 600000

AI-assisted case summary:
Laura J. Lebel filed a petition on November 12, 2013, alleging that an influenza vaccine administered on October 4, 2011, caused her to develop Guillain-Barré syndrome (GBS). The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. The parties subsequently filed a joint stipulation on September 19, 2014, agreeing to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $600,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs in the amount of $24,536.28 were awarded separately in a decision dated November 21, 2014. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner was represented by Paul M. Iannaccone of RisCassi and Davis, P.C., and the respondent was represented by Gordon Shemin of the United States Department of Justice.

Theory of causation field:
Petitioner Laura J. Lebel alleged that an influenza vaccine received on October 4, 2011, caused her to develop Guillain-Barré syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation on September 19, 2014, leading to a decision by Special Master Lisa Hamilton-Fieldman. Petitioner was awarded $600,000.00 in total compensation, plus $24,536.28 for attorneys' fees and costs, awarded on November 21, 2014. The public decision does not detail the specific theory of causation, medical experts, or the mechanism linking the vaccine to GBS, relying instead on the parties' stipulation for resolution.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00897-0
Date issued/filed: 2014-10-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/19/2014) regarding 18 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00897-UNJ Document 21 Filed 10/15/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-897V
Filed: September 19, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
LAURA J. LEBEL, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Paul M. Iannaccone, RisCassi and Davis, P.C., Hartford, CT, for Petitioner.
Gordon Shemin, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On November 12, 2013, Laura J. Lebel (“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 she suffered from Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine administered to her on October 4, 2011.
On September 19, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation.
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-00897-UNJ Document 21 Filed 10/15/14 Page 2 of 7
Respondent denies that the flu vaccine is the cause of Petitioner’s GBS, and/or any other
injury. 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 lump sum of $600,000.00 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).
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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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--0000889977--UUNNJJ DDooccuummeenntt 1271 FFiilleedd 0190//1195//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000889977--UUNNJJ DDooccuummeenntt 1271 FFiilleedd 0190//1195//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000889977--UUNNJJ DDooccuummeenntt 1271 FFiilleedd 0190//1195//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000889977--UUNNJJ DDooccuummeenntt 1271 FFiilleedd 0190//1195//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000889977--UUNNJJ DDooccuummeenntt 1271 FFiilleedd 0190//1195//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00897-1
Date issued/filed: 2014-11-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/29/2014) regarding 24 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00897-UNJ Document 27 Filed 11/21/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-897V
Filed: October 29, 2014
* * * * * * * * * * * * * * *
LAURA J. LEBEL, * UNPUBLISHED
*
Petitioner, * Special Master Hamilton-Fieldman
*
v. *
* Decision on Attorneys’ Fees and Costs;
SECRETARY OF HEALTH AND * Reasonable Amount Requested to
HUMAN SERVICES, * which Respondent Does Not Object.
*
Respondent. * .
* * * * * * * * * * * * * * *
Paul M. Iannaccone, RisCassi & Davis, P.C., Hartford, CT, for Petitioner.
Gordon Shemin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the undersigned
issued a decision awarding compensation on September 19, 2014. On October 28, 2014, the
parties filed a Stipulation for Attorneys’ Fees and Costs. This stipulation requests that the
undersigned approve an award of $24,536.28 in total attorneys’ fees and costs. Pursuant to
General Order #9, the stipulation reflects that Petitioner personally incurred no costs in pursuit of
her claim.
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 The undersigned 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, § 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 trade secret or commercial or financial
information and is privileged or confidential, or (2) that are medical files and similar files the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Otherwise, “the
entire” decision will be available to the public. Id.
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-00897-UNJ Document 27 Filed 11/21/14 Page 2 of 2
appropriate. Accordingly, the undersigned hereby awards the amount of $24,536.28, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Paul
Iannaccone, of the law firm of RisCassi & Davis, P.C.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of the
Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment in
accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2