VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00987
Package ID: USCOURTS-cofc-1_13-vv-00987
Petitioner: Hugo D. Gutierrez
Filed: 2014-11-25
Decided: 2015-06-25
Vaccine: influenza
Vaccination date: 2010-12-27
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 180000

AI-assisted case summary:
Hugo D. Gutierrez filed a petition on November 25, 2014, alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by an influenza vaccine he received on December 27, 2010. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Gutierrez's GBS or any other injury. Despite the respondent's denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation and awarded Mr. Gutierrez $180,000.00 as compensation for all damages. This award was to be paid in the form of a check to the petitioner. Subsequently, on June 25, 2015, the parties filed another stipulation regarding attorneys' fees and costs. Mr. Gutierrez requested $25,401.44 for attorneys' fees and costs, and the respondent did not object to this amount. Special Master Millman found this amount reasonable and awarded it, payable jointly to Mr. Gutierrez and his attorneys, Habush Habush & Rottier, S.C. The case was resolved through these stipulations, resulting in compensation for the petitioner.

Theory of causation field:
Petitioner Hugo D. Gutierrez alleged that his Guillain-Barré Syndrome (GBS) was caused by an influenza vaccine received on December 27, 2010. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $180,000.00 for all damages. Attorneys' fees and costs of $25,401.44 were also awarded, payable jointly to the petitioner and his counsel, Habush Habush & Rottier, S.C. The public decision does not describe the specific medical mechanism, expert testimony, or the details of the stipulation beyond the agreed-upon compensation amounts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00987-0
Date issued/filed: 2014-12-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/25/2014) regarding 22 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00987-UNJ Document 23 Filed 12/16/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-987V
Filed: November 25, 2014
Not for Publication
*************************************
HUGO D. GUTIERREZ, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; Guillain-Barré
* Syndrome (GBS)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Peter M. Young, Wausau, WI, for petitioner.
Justine E. Daigneault, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On November 24, 2014, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that he suffers from
Guillain-Barré Syndrome (“GBS”) that was caused by his receipt of influenza (“flu”) vaccine on
December 27, 2010. Respondent denies that the flu vaccine caused petitioner’s GBS, 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-00987-UNJ Document 23 Filed 12/16/14 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
$180,000.00, 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 $180,000.00 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 25, 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

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Case 1:13-vv-00987-UNJ Document 23 Filed 12/16/14 Page 6 of 7

Case 1:13-vv-00987-UNJ Document 23 Filed 12/16/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00987-1
Date issued/filed: 2015-07-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/25/15) regarding 28 DECISION Fees Stipulation/Proffer. Signed by Special Master Laura D Millman. (LJG) Copy to parties.
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Case 1:13-vv-00987-UNJ Document 31 Filed 07/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-987V
Filed: June 25, 2015
Not for Publication
*************************************
HUGO D. GUTIERREZ, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Peter M. Young, Wasau, WI, for petitioner.
Justine Walters, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On June 25, 2015, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with General Order #9, petitioner asserts that he did not incur any costs in
pursuit of his petition. Petitioner submitted his request for attorneys’ fees and costs to
respondent, requesting reimbursement for attorneys’ fees and costs in the amount of $25,401.44.
Respondent does not object to this amount. The undersigned finds this amount to be reasonable.
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-00987-UNJ Document 31 Filed 07/16/15 Page 2 of 2
Accordingly, the court awards $25,401.44, representing reimbursement for attorneys’ fees and
costs. The award shall be in the form of a check payable jointly to petitioner and Habush Habush
& Rottier, S.C. for $25,401.44.
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: June 25, 2015 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