VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00928
Package ID: USCOURTS-cofc-1_13-vv-00928
Petitioner: Michael Swann
Filed: 2013-11-22
Decided: 2015-01-21
Vaccine: influenza
Vaccination date: 2010-11-26
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 96089

AI-assisted case summary:
Michael Swann filed a petition for compensation alleging that vaccines he received on November 26, 2010, and February 15, 2012, caused his Guillain-Barré Syndrome (GBS). The vaccines included influenza, DTaP, Hepatitis A, Hepatitis B, and/or varicella. Mr. Swann alleged that the influenza vaccine caused his GBS and that subsequent vaccines caused a recurrence or aggravation of his condition. He also claimed to have experienced residual effects for more than six months. The respondent denied that the vaccines caused GBS or any other injury. Despite the denial, the parties reached a joint stipulation for compensation. The court adopted the stipulation, awarding Mr. Swann a lump sum of $67,500.00 for all damages. Subsequently, a separate decision addressed attorneys' fees and costs. The parties stipulated to an award of $28,589.87 for attorneys' fees and costs, which the court approved. The total compensation awarded to Michael Swann was $96,089.87.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00928-0
Date issued/filed: 2015-01-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/21/2014) regarding 24 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00928-UNJ Document 31 Filed 01/07/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MICHAEL SWANN, * No. 13-928V
* Special Master Moran
Petitioner, *
* Filed: November 21, 2014
v. *
* Stipulation; influenza, diphtheria-
SECRETARY OF HEALTH * tetanus-acellular pertussis (“DTaP”);
AND HUMAN SERVICES, * Hepatitis A (“Hep A”); Hepatitis B
* (“Hep B”); and/or varicella vaccines;
Respondent. * Guillain-Barré Syndrome (“GBS”).
* * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Philadelphia, PA, for Petitioner;
Ann Martin, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On November 18, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Michael Swann on November 22, 2013. In his
petition, Mr. Swann alleged that the influenza, diphtheria-tetanus-acellular
pertussis (“DTaP”), Hepatitis A (“Hep A”), Hepatitis B (“Hep B”), and/or varicella
vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), and which he received on November 26, 2010, and February 15, 2012,
caused his alleged Guillain-Barré Syndrome (“GBS”). Petitioner alleges that he
suffered Guillain-Barré Syndrome (“GBS”) as a result of the influenza vaccine,
and alleges that he experienced a recurrent and/or aggravation of his GBS as a
result of his subsequent DTaP, Hep A, Hep B, and/or varicella vaccines.
Petitioner further alleges that he experienced the residual effects of this injury for
more than six months. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on his behalf as a result of his condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00928-UNJ Document 31 Filed 01/07/15 Page 2 of 7
Respondent denies that petitioner’s influenza vaccine caused GBS or any
other injury. Respondent further denies that petitioner’s DTaP, Hep A, Hep B,
and/or varicella vaccines caused the recurrence and/or aggravation of his GBS or
any other injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $67,500.00 in the form of a check payable to petitioner,
Michael Swann. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-928V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00928-1
Date issued/filed: 2015-01-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/30/2014) regarding 26 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00928-UNJ Document 32 Filed 01/21/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MICHAEL SWANN, * No. 13-928V
* Special Master Moran
Petitioner, *
* Filed: December 30, 2014
v. *
* Attorneys’ fees and costs; award
SECRETARY OF HEALTH * in the amount to which
AND HUMAN SERVICES, * respondent does not object.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Philadelphia, PA, for Petitioner;
Ann Martin, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On December 23, 2014, respondent filed a stipulation of fact concerning
final attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended his
application to request $28,589.87, an amount to which respondent does not object.
The Court awards this amount.
On November 22, 2013, Michael Swann filed a petition for compensation
alleging that the influenza (“flu”), diphtheria-tetanus-acellular pertussis (“DTaP”),
Hepatitis A (“Hep A”), Hepatitis B (“Hep B”), and/or varicella vaccines, which he
received on November 26, 2010, and February 15, 2012, caused him to suffer
Guillain-Barré syndrome (“GBS”). Petitioner received compensation based upon
the parties’ stipulation. Decision, filed Nov. 21, 2014. Because petitioner received
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00928-UNJ Document 32 Filed 01/21/15 Page 2 of 2
compensation, he is entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
Petitioner seeks a total of $28,589.87 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $28,589.87 in the form of a check made payable to
petitioner and petitioner’s attorney, Maximillian J. Muller, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2