VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00923 Package ID: USCOURTS-cofc-1_13-vv-00923 Petitioner: David W. Crippen Filed: 2014-11-10 Decided: 2014-11-10 Vaccine: influenza Vaccination date: 2012-10-08 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 45240 AI-assisted case summary: David W. Crippen filed a petition on November 10, 2014, alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by an influenza vaccine he received on October 8, 2012. He further alleged that he experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Crippen's alleged GBS, residual effects, or any other condition. Despite the respondent's denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Mr. Crippen $45,240.00 in compensation for all damages, to be paid as a single check. Separately, on December 5, 2014, Special Master Millman issued a decision regarding attorneys' fees and costs. The parties had stipulated to an amount of $9,218.58, consisting of $8,818.58 for attorneys' fees and costs, and $400.00 for Mr. Crippen's personal costs. The respondent did not object to this amount. The court awarded $8,818.58 payable jointly to David W. Crippen and his law firm, Brennan, Robins & Daley, P.C., and $400.00 payable to David W. Crippen personally. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner was represented by Jeffrey A. Golvash, and respondent was represented by Jennifer L. Reynaud. Theory of causation field: Petitioner David W. Crippen alleged that an influenza vaccine administered on October 8, 2012, caused Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the 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 case was resolved via stipulation, resulting in an award of $45,240.00 for damages and $8,818.58 for attorneys' fees and costs, plus $400.00 for petitioner's costs. Special Master Laura D. Millman issued decisions on November 10, 2014, and December 5, 2014. Petitioner's counsel was Jeffrey A. Golvash, and respondent's counsel was Jennifer L. Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00923-0 Date issued/filed: 2014-12-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/10/2014) regarding 18 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00923-UNJ Document 24 Filed 12/01/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-923V Filed: November 10, 2014 Not for Publication ************************************* DAVID W. CRIPPEN, * * Petitioner, * * Damages decision based on stipulation; v. * influenza (flu) vaccine; Guillain-Barré * Syndrome (GBS) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Jeffrey A. Golvash, Pittsburgh, PA, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On November 10, 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 influenza (“flu”) vaccine on October 8, 2012. 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 residual effects, any other injury, or his current condition. 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-00923-UNJ Document 24 Filed 12/01/14 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 $45,240.00, 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 $45,240.00 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: November 10, 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 Case 1:13-vv-00923-UNJ Document 24 Filed 12/01/14 Page 3 of 7 Case 1:13-vv-00923-UNJ Document 24 Filed 12/01/14 Page 4 of 7 Case 1:13-vv-00923-UNJ Document 24 Filed 12/01/14 Page 5 of 7 Case 1:13-vv-00923-UNJ Document 24 Filed 12/01/14 Page 6 of 7 Case 1:13-vv-00923-UNJ Document 24 Filed 12/01/14 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00923-1 Date issued/filed: 2014-12-30 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/05/2014) regarding 26 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00923-UNJ Document 29 Filed 12/30/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-923V Filed: December 5, 2014 Not for Publication ************************************* DAVID W. CRIPPEN, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Jeffrey A. Golvash, Pittsburgh, PA, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On December 4, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. Petitioner submitted his request for attorneys’ fees and costs to respondent. Petitioner requests $9,218.58, consisting of $8,818.58 in attorneys’ fees and costs and $400.00 in petitioner’s costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards: 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-00923-UNJ Document 29 Filed 12/30/14 Page 2 of 2 a. $8,818.58, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Brennan, Robins & Daley, P.C., in the amount of $8,818.58; and b. $400.00, representing reimbursement for petitioner’s costs. The award shall be in the form of a check payable to petitioner in the amount of $400.00. 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 5, 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