VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00959
Package ID: USCOURTS-cofc-1_13-vv-00959
Petitioner: Essam Helmy
Filed: 2015-02-06
Decided: 2015-03-03
Vaccine: influenza
Vaccination date: 2012-10-05
Condition: chronic inflammatory demyelinating polyneuropathy
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
On December 5, 2013, Essam Helmy filed a petition under the National Vaccine Injury Compensation Program, alleging that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on or about October 5, 2012. Mr. Helmy further alleged that he experienced residual effects from this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Helmy's CIDP or any other injuries. Despite this denial, the parties filed a joint stipulation on February 6, 2015, agreeing to an award of compensation. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. Helmy a lump sum of $75,000.00, payable to him, as compensation for all damages. Subsequently, on February 23, 2015, the parties filed a stipulation concerning attorneys' fees and costs. The respondent did not object to the requested amount. Special Master Gowen found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). On March 3, 2015, judgment was entered in accordance with the compensation stipulation. On March 18, 2015, Special Master Gowen issued a decision on attorneys' fees and costs, awarding a lump sum of $21,629.95, payable jointly to Mr. Helmy and his counsel, Maximillian J. Muller of Muller Brazil, LLP, for petitioner's attorney fees and costs. The case was resolved through these stipulations, with the court approving the compensation and fees. Petitioner was represented by Maximillian J. Muller, and respondent was represented by Lara Englund.

Theory of causation field:
Petitioner Essam Helmy alleged that an influenza vaccine administered on or about October 5, 2012, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for compensation, agreeing to an award of $75,000.00 for all damages. A subsequent stipulation addressed attorneys' fees and costs, resulting in an award of $21,629.95, payable jointly to petitioner and his counsel, Maximillian J. Muller. Special Master Thomas L. Gowen adopted the stipulations and entered judgment. The specific medical mechanism or expert testimony supporting the theory of causation was not detailed in the provided public decision text, as the case was resolved via stipulation. The decision does not specify the theory under the Vaccine Injury Table or provide details on the onset, symptoms, diagnostic tests, or treatments.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00959-0
Date issued/filed: 2015-03-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/06/2015) regarding 22 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00959-UNJ Document 29 Filed 03/03/15 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-0959V
Filed: February 6, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * *
ESSAM HELMY, *
*
Petitioner, *
v. * Stipulation; Flu; CIDP
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA for petitioner.
Lara Englund, U.S. Dep’t. of Justice, Washington, DC, for respondent.
1
DECISION ON JOINT STIPULATION
Gowen, Special Master:
On December 5, 2013, Essam Helmy (“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 or about
October 5, 2012, he suffered from chronic inflammatory demyelinating polyneuropathy
[CIDP]. Stipulation ¶ 2, 4, filed Feb. 6, 2015. Further, petitioner alleged that he
experienced residual effects of this injury for more than six months. Id. at ¶ 4.
On February 6, 2015, the parties filed a stipulation in which they state that a
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.

Case 1:13-vv-00959-UNJ Document 29 Filed 03/03/15 Page 2 of 7
decision should be entered awarding compensation. Respondent denies that the flu
vaccine is the cause of petitioner’s CIDP, or any other injuries, or his current condition.
Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto. 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) A lump sum of $75,000.00 in the form of a check payable to
petitioner, Essam Helmy. This amount represents compensation for
all damages that would be available under § 300aa-15(a).
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the
terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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.

Case 1:13-vv-00959-UNJ Document 29 Filed 03/03/15 Page 3 of 7

Case 1:13-vv-00959-UNJ Document 29 Filed 03/03/15 Page 4 of 7

Case 1:13-vv-00959-UNJ Document 29 Filed 03/03/15 Page 5 of 7

Case 1:13-vv-00959-UNJ Document 29 Filed 03/03/15 Page 6 of 7

Case 1:13-vv-00959-UNJ Document 29 Filed 03/03/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00959-1
Date issued/filed: 2015-03-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/18/2015) regarding 27 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00959-UNJ Document 31 Filed 03/18/15 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-0959V
Filed: February 25, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * *
ESSAM HELMY, *
*
Petitioner, *
v. * Stipulation; Attorneys’ Fees &
Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA for petitioner.
Lara Englund, U.S. Dep’t. of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision adopting the parties’ stipulation on February 6, 2015. On February 23, 2015,
the parties filed a Stipulation of Fact concerning attorneys’ fees and costs. Additionally,
pursuant to General Order #9, petitioner’s counsel asserted that petitioner incurred no
personal litigation costs in this matter. Id. at para. 4.
The parties’ stipulation indicates that respondent does not object to the amended
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).

Case 1:13-vv-00959-UNJ Document 31 Filed 03/18/15 Page 2 of 2
amount of $21,629.95 in attorneys’ fees and cost that petitioner is requesting.
I find 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 appropriate. Accordingly, I hereby award:
• A lump sum of $21,629.95 in the form of a check payable jointly to
petitioner and petitioner’s counsel of record, Maximillian J. Muller, for
petitioner’s attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 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).