VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00023
Package ID: USCOURTS-cofc-1_14-vv-00023
Petitioner: Richard Sewell
Filed: 2014-01-09
Decided: 2014-10-24
Vaccine: influenza
Vaccination date: 2012-10-17
Condition: Guillain-Barre Syndrome and Brachial Neuritis
Outcome: compensated
Award amount USD: 65173

AI-assisted case summary:
Richard Sewell filed a petition on January 9, 2014, alleging that he developed Guillain-Barre Syndrome (GBS) and Brachial Neuritis (BN) as a result of receiving an influenza vaccine on October 17, 2012. He further alleged that he experienced residual effects from his injuries for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Sewell's GBS and/or BN. The parties, however, reached a joint stipulation for damages. Special Master Thomas L. Gowen adopted this stipulation, awarding Mr. Sewell a lump sum of $65,173.50 for all damages available under the program. The parties also stipulated to an award of attorneys' fees and costs, totaling $8,292.07, which Special Master Gowen also approved. Judgment was entered in accordance with the stipulation on October 24, 2014. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner was represented by Mark L. Krueger of Krueger & Hernandez S.C., and respondent was represented by Debra A. Filteau Begley of the United States Department of Justice.

Theory of causation field:
Petitioner Richard Sewell alleged that an influenza vaccine administered on October 17, 2012, caused Guillain-Barre Syndrome (GBS) and Brachial Neuritis (BN), with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees and costs. Special Master Thomas L. Gowen adopted the stipulation, awarding petitioner $65,173.50 for all damages and $8,292.07 for attorneys' fees and costs. The decision was issued on October 24, 2014. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00023-0
Date issued/filed: 2014-10-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/03/2014) regarding 20 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00023-UNJ Document 28 Filed 10/24/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-23V
Filed: October 3, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
RICHARD SEWELL, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barre Syndrome; Brachial
SECRETARY OF HEALTH * Neuritis
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez S.C., Baraboo, WI, for petitioner.
Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On January 9, 2014, Richard Sewell (“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 17, 2012,
he developed Guillain-Barre Syndrome (“GBS”) and Brachial Neuritis (“BN”). Stipulation ¶ 2,
4, filed Oct. 2, 2014. 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 1:14-vv-00023-UNJ Document 28 Filed 10/24/14 Page 2 of 7
On October 2, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu immunization caused
petitioner’s GBS and/or BN, or any other condition. 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 $65,173.50, in the form of a check payable to petitioner, Richard
Sewell. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8. The parties also stipulate to an award of attorneys’ fees and costs for petitioner
and his attorney. A decision awarding fees and costs will be issued separately.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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.
2

Case 1:14-vv-00023-UNJ Document 28 Filed 10/24/14 Page 3 of 7

Case 1:14-vv-00023-UNJ Document 28 Filed 10/24/14 Page 4 of 7

Case 1:14-vv-00023-UNJ Document 28 Filed 10/24/14 Page 5 of 7

Case 1:14-vv-00023-UNJ Document 28 Filed 10/24/14 Page 6 of 7

Case 1:14-vv-00023-UNJ Document 28 Filed 10/24/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00023-1
Date issued/filed: 2014-10-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/03/2014) regarding 21 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00023-UNJ Document 29 Filed 10/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-23V
Filed: October 3, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
RICHARD SEWELL, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for petitioner.
Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On January 9, 2014, Richard Sewell (“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
17, 2012, he developed Guillain-Barre Syndrome (“GBS”) and Brachial Neuritis (“BN”).
Petition at Preamble, filed Jan. 9, 2014. On October 2, 2014, the parties filed a stipulation in
which they agreed to an award of compensation to petitioner. On October 3, 2014, the
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 1:14-vv-00023-UNJ Document 29 Filed 10/24/14 Page 2 of 2
undersigned issued a Decision adopting the parties’ stipulation for an award. See Decision on J.
Stip., filed Oct. 3, 2014.
The parties also stipulated to an award of attorneys’ fees and costs in the joint stipulation
filed on October 2, 2014. See Stipulation at ¶ 8(b). Petitioner requests a total award of attorneys’
fees and costs in the amount of $8,292.07. In accordance with General Order #9, petitioner
represents that he did not personally incur any costs in litigating this matter. Id.
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 the parties’ stipulation, the undersigned adopts it as
the decision of the Court in awarding attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, Mark
L. Krueger, of Krueger & Hernandez, S.C., in the amount of $8,292.07.
In the absence of a motion for review filed pursuant to RCFC Appendix B, 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 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