VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00979
Package ID: USCOURTS-cofc-1_13-vv-00979
Petitioner: JAMES CHAPMAN
Filed: 2016-04-22
Decided: 2016-04-22
Vaccine: influenza
Vaccination date: 
Condition: Guillain Barré Syndrome
Outcome: compensated
Award amount USD: 27000

AI-assisted case summary:
James Chapman filed a petition for compensation under the National Vaccine Injury Compensation Program on April 22, 2016, alleging that he suffered Guillain Barré Syndrome as a result of receiving an influenza vaccination. The parties later entered into a stipulation, and on December 14, 2016, a decision was issued awarding compensation to Mr. Chapman. Subsequently, on April 21, 2016, Mr. Chapman filed an unopposed motion for attorneys' fees and costs, requesting $27,000.00. The court found the request to be reasonable and unopposed, and therefore granted the motion. The total award of $27,000 was made as a lump sum, jointly payable to Mr. Chapman and his counsel.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00979-0
Date issued/filed: 2016-05-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 4/22/2016) regarding 52 DECISION of Special Master - Fees. Signed by Special Master Mindy Michaels Roth. (jb) Copy to parties.
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Case 1:13-vv-00979-UNJ Document 55 Filed 05/13/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-979V
Filed: April 22, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * *
JAMES CHAPMAN, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested
AND HUMAN SERVICES, * To Which Respondent Does
* Not Object
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Alexis Babcock, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Roth, Special Master:
On December 11, 2013, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”).
Petitioner alleged that he suffered Guillain Barré Syndrome as the result of receiving an
influenza vaccination. On December 14, 2016, the undersigned issued a decision awarding
compensation to petitioner based on the parties’ stipulation. (ECF No. 47).
On April 21, 2016, petitioner filed an unopposed3 motion for attorneys’ fees and costs.
(ECF No. 51). Petitioner requests attorneys’ fees and costs in the amount of $27,000.00. Id. at
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned
intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services).
In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such material
from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of
citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).
3 In the motion, petitioner states that respondent has no objection to petitioner’s request.

Case 1:13-vv-00979-UNJ Document 55 Filed 05/13/16 Page 2 of 2
1. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred
no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. § 15(e).
Based on the reasonableness of petitioner’s request and the lack of opposition from respondent,
the undersigned GRANTS petitioner’s motion for attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $27,0004 as a lump sum in the
form of a check jointly payable to petitioner and petitioner’s counsel, Franklin John
Caldwell, Jr. at Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota,
Florida 34236.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
4 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by
the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, § 15(e)(3)
prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount
awarded herein. See generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.1991).
5 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing
the right to seek review.
2