VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00955
Package ID: USCOURTS-cofc-1_13-vv-00955
Petitioner: Robert Ross
Filed: 2013-12-03
Decided: 2015-06-19
Vaccine: influenza
Vaccination date: 2012-10-18
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Robert Ross filed a petition under the National Vaccine Injury Compensation Program on December 3, 2013, alleging that he developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on October 18, 2012. He further alleged that he experienced residual effects from the injury for more than six months. Respondent denied that the flu vaccine caused Mr. Ross's GBS. However, the parties subsequently filed a joint stipulation for damages, agreeing that compensation should be awarded. Special Master Nora Beth Dorsey adopted the stipulation, awarding Mr. Ross a lump sum of $200,000.00 for all damages. Petitioner was represented by Danielle A. Strait of Maglio Christopher & Toale. Respondent was represented by Julia W. McInerny of the United States Department of Justice. Later, on May 29, 2015, the parties filed a stipulation concerning attorneys' fees and costs. They agreed to a total award of $13,411.27, which Special Master Dorsey also approved. This amount was to be paid jointly to petitioner and his attorney, Danielle A. Strait. The case was resolved through these stipulations, with judgment entered accordingly.

Theory of causation field:
Petitioner Robert Ross alleged that an influenza vaccine administered on October 18, 2012, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement through a joint stipulation for damages, agreeing to an award of $200,000.00. A subsequent stipulation addressed attorneys' fees and costs, resulting in an additional award of $13,411.27. The public decision does not describe the specific medical or scientific theory of causation, the onset of symptoms, diagnostic tests, treatments, or expert testimony. The case was resolved by stipulation, with Special Master Nora Beth Dorsey approving the awards on March 25, 2015 (damages) and June 19, 2015 (fees and costs). Petitioner was represented by Danielle A. Strait and respondent by Julia W. McInerny.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00955-0
Date issued/filed: 2015-04-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/25/2015) regarding 35 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00955-UNJ Document 40 Filed 04/16/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-955V
Filed: March 25, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
ROBERT ROSS, *
*
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Flu vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome.
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio Christopher & Toale, Washington, D.C., for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On December 3, 2013, Robert Ross (“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 an influenza (“flu”) vaccine on October 18, 2012, he developed
Guillain-Barré Syndrome (“GBS”). Stipulation at ¶ 2, 4. Further, petitioner alleged that he
experienced residual effects of his injury for more than six months. Id. at ¶ 4.
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-00955-UNJ Document 40 Filed 04/16/15 Page 2 of 7
On March 24, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the flu vaccine caused petitioner’s
GBS or any other injury. Id. at ¶ 6. 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 stipulate that petitioner shall receive the following compensation:
A lump sum of $200,000.00, in the form of a check payable to petitioner, Robert Ross.
This amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Id. at ¶ 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

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00955-1
Date issued/filed: 2015-06-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/29/2015) regarding 42 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00955-UNJ Document 45 Filed 06/19/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 29, 2015
* * * * * * * * * * * * * * UNPUBLISHED
ROBERT ROSS, * No. 13-955v
*
Petitioner, * Special Master Dorsey
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Danielle A. Strait, Maglio, Christopher & Toale, PA, Washington, DC, for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On December 3, 2013, Robert Ross (“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 an influenza (“flu”) vaccine administered to him on October 18, 2012,
caused him to suffer from Guillain-Barré syndrome (“GBS”). On March 25, 2015, the
undersigned entered a decision awarding compensation to petitioner based on a stipulation filed
by the parties.
On May 29, 2015, the parties filed a Stipulation of Facts Concerning Attorney’s Fees and
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire decision will be available to the
public. Id.
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-00955-UNJ Document 45 Filed 06/19/15 Page 2 of 2
Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $13,411.27. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not advance any reimbursable costs in pursuit of this
claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, Danielle
A. Strait, Esq., in the amount of $13,411.27.
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