VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00051
Package ID: USCOURTS-cofc-1_14-vv-00051
Petitioner: Bruce Barrett
Filed: 2015-03-03
Decided: 2015-07-28
Vaccine: influenza
Vaccination date: 2013-01-14
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 215550

AI-assisted case summary:
Bruce Barrett filed a petition on March 3, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that on January 14, 2013, he received a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine and a trivalent influenza (flu) vaccine, and subsequently developed Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent denied that either vaccine caused Mr. Barrett's GBS or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite maintaining these positions, both parties agreed to settle the case through a stipulation filed on February 9, 2015. They also reached an agreement regarding attorney's fees and costs, detailed in a separate stipulation filed on March 2, 2015. Special Master Brian H. Corcoran reviewed the stipulations and found them reasonable, adopting them as the decision in the case. The decision awarded Mr. Barrett a lump sum of $200,000.00, payable to him, as compensation for all damages. Additionally, a lump sum of $15,550.00 was awarded for attorney's fees and costs, payable jointly to Mr. Barrett and his attorney, Howard Stern, Esq. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments. The decision does not name any medical experts or detail the specific mechanism of causation.

Theory of causation field:
Petitioner Bruce Barrett alleged that on January 14, 2013, he received a Tdap vaccine and an influenza vaccine, and subsequently developed Guillain-Barré syndrome (GBS). Respondent denied causation. The parties settled the case via stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award consisted of $200,000.00 for damages and $15,550.00 for attorney's fees and costs. The decision was issued by Special Master Brian H. Corcoran on July 28, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00051-0
Date issued/filed: 2015-07-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/03/2015) Regarding 20 DECISION Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:14-vv-00051-UNJ Document 24 Filed 07/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-051V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
BRUCE BARRETT, * Filed: March 3, 2015
*
Petitioner, *
* Decision by Stipulation; Damages;
v. * Attorney’s Fees and Costs;
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH AND * Tetanus-diphtheria-acellular
HUMAN SERVICES, * pertussis (“Tdap”) Vaccine;
* Guillain-Barré Syndrome (“GBS”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Howard Stern, Werner, Zaroff, et al, Lynbrook, NY, for Petitioner.
Linda Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES AND ATTORNEY’S FEES AND COSTS1
On January 23, 2014, Bruce Barrett filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving a
Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine and a trivalent influenza (“flu”) vaccine
on January 14, 2013 he suffered from Guillain-Barré syndrome (“GBS”) and that he experienced
the residual effects of this injury for more than six months.
Respondent denies that either the Tdap vaccine or flu vaccine caused Petitioner’s GBS, or
any other injury, and denies that his current disabilities are sequelae of a vaccine-related injury.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C.A. § 300aa-10 to 34 (2006)) [hereinafter
“Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

Case 1:14-vv-00051-UNJ Document 24 Filed 07/28/15 Page 2 of 7
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed February 9, 2015) that the issues before them can be settled and that a decision should be
entered awarding Petitioner compensation.
In a separate stipulation (filed on March 2, 2015), the parties indicated that they had
reached an agreement regarding attorney’s fees and costs. The stipulation laid out the amount of
compensation that should be awarded to Petitioner’s attorney in the form of a check made payable
jointly to Petitioner and Petitioner’s counsel. In compliance with General Order #9, it also
indicated that no out-of-pocket litigation related costs had been incurred by Petitioner in
proceeding on the petition.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulations
are reasonable. I therefore adopt them as my decision in awarding damages, and attorney’s fees
and costs, on the terms set forth therein.
The stipulations award:
 A lump sum of $200,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation (ECF No. 18) ¶ 8.
 A lump sum of $15,550.00 in the form of a check payable jointly to Petitioner and
Petitioner’s attorney, Howard Stern, Esq. for attorney’s fees and costs available
under 42 U.S.C. § 300aa-15(e). Stipulation of Facts Concerning Final Attorney’s
Fees and Costs (ECF No. 19) ¶¶ 4-6.
I approve a Vaccine Program award in the requested amounts set forth above to be made
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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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