VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00056
Package ID: USCOURTS-cofc-1_14-vv-00056
Petitioner: Samuel Hussey
Filed: 2014-01-24
Decided: 2015-07-21
Vaccine: influenza and Hepatitis B
Vaccination date: 2012-02-21
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 126577

AI-assisted case summary:
Samuel Hussey filed a petition on January 24, 2014, alleging that the influenza vaccine he received on February 21, 2012, and the Hepatitis B (Hep B) vaccines he received on March 10, April 7, and May 5, 2012, caused him to suffer from Guillain-Barré Syndrome (GBS). Mr. Hussey claimed that he experienced residual effects from the GBS for more than six months. The respondent denied that the vaccines caused Mr. Hussey's GBS or any other injury. Despite the respondent's denial, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The stipulation awarded Mr. Hussey a total of $126,577.17. This amount included $30,077.17 to satisfy a Medicaid lien, payable jointly to petitioner and the Department of Human Services Med-QUEST Division. The remaining $95,000.00 was awarded as a lump sum check payable to Samuel Hussey for all other damages. Subsequently, on June 23, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Petitioner's counsel, Amber D. Wilson of Maglio, Christopher & Toale, submitted an application for fees and costs. After discussions and amendments, the parties agreed upon an amount of $36,582.96. Special Master Christian J. Moran awarded this amount for attorneys' fees and costs, payable to petitioner and his attorney. The total compensation awarded, including fees and costs, amounted to $163,160.13.

Theory of causation field:
Petitioner Samuel Hussey alleged that his influenza vaccination on February 21, 2012, and his Hepatitis B vaccinations on March 10, April 7, and May 5, 2012, caused him to suffer from Guillain-Barré Syndrome (GBS), which he experienced residual effects from for more than six months. The vaccines were identified as being contained in the Vaccine Injury Table. Respondent denied that the vaccines caused petitioner's GBS. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $126,577.17 for damages, including satisfaction of a Medicaid lien, and a subsequent award of $36,582.96 for attorneys' fees and costs, bringing the total award to $163,160.13. The public decision does not describe the specific medical experts, clinical details of the GBS onset or progression, diagnostic tests, treatments, or the precise mechanism of causation relied upon by the petitioner or conceded by the respondent in the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00056-0
Date issued/filed: 2015-04-03
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 03/12/2015) regarding 36 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00056-UNJ Document 40 Filed 04/03/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SAMUEL HUSSEY, * No. 14-56V
* Special Master Moran
Petitioner, *
* Filed: March 12, 2015
v. *
*
SECRETARY OF HEALTH * Stipulation; influenza and Hepatitis B
AND HUMAN SERVICES, * (“Hep B”) vaccines; Guillain-Barré
* (“GBS”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio, Christopher & Toale, Washington, DC, for Petitioner;
Alexis Babcock, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 11, 2015, respondent filed a joint stipulation concerning the
petition for compensation filed by Samuel Hussey on January 24, 2014. In his
petition, Mr. Hussey alleged that the influenza and Hepatitis B (“Hep B”) vaccines,
which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), and which he received the influenza vaccination on February 21, 2012
and received Hep B vaccinations on March 10, 2012, April 7, 2012, and May 5,
2012, caused him to suffer from Guillain-Barré Syndrome (“GBS”). Petitioner
alleges that he suffered from Guillain-Barré Syndrome (“GBS”) which was
caused-in-fact by his influenza vaccination. In the alternative, petitioner alleged
that his Hep B vaccinations either alone or in combination with his influenza
vaccination, caused his GBS. Petitioner further alleges that he experienced the
residual effects of this injury for more than six months. Petitioner represents that
there has been no prior award or settlement of a civil action for damages as a result
of his GBS.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00056-UNJ Document 40 Filed 04/03/15 Page 2 of 8
Respondent denies that petitioner’s GBS was caused-in-fact by his influenza
vaccination and/or his Hep B vaccinations, and denies that the vaccines caused any
other injury or his current condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A. A lump sum of $30,077.17, representing compensation for satisfaction
of the State of Hawaii Medicaid lien, payable jointly to petitioner; and
Department of Human Services
Med-QUEST Division
1001 Kamokila Blvd., Suite 317
Kapolei, Hawaii 96707
Attn: Gary Ojiri
Petitioner agrees to endorse this payment to the Hawaii Department
of Human Services; and
B. A lump sum of $95,000.00 in the form of a check payable to
petitioner, Samuel Hussey. This amount represents compensation
for all remaining damages that would be available under 42 U.S.C. §
300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 14-56V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6360.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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CCaassee 11::1144--vvvv--0000005566--UUNNJJ DDooccuummeenntt 3450 FFiilleedd 0034//1013//1155 PPaaggee 46 ooff 68

CCaassee 11::1144--vvvv--0000005566--UUNNJJ DDooccuummeenntt 3450 FFiilleedd 0034//1013//1155 PPaaggee 57 ooff 68

CCaassee 11::1144--vvvv--0000005566--UUNNJJ DDooccuummeenntt 3450 FFiilleedd 0034//1013//1155 PPaaggee 68 ooff 68

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00056-1
Date issued/filed: 2015-07-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/26/2015) regarding 43 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00056-UNJ Document 46 Filed 07/21/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SAMUEL HUSSEY, * No. 14-56V
* Special Master Christian J. Moran
Petitioner, *
v. * Filed: June 26, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio, Christopher & Toale, Washington, DC, for Petitioner;
Alexis Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On June 23, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended his
application to request $36,582.96, an amount to which respondent does not object.
The Court awards this amount.
On January 24, 2014, Samuel Hussey filed a petition for compensation
alleging that the influenza and Hepatitis B (“Hep B”) vaccines which he received
caused him to suffer from Guillain-Barré Syndrome (“GBS”). Petitioner received
compensation based upon the parties’ stipulation. Decision, issued March 12,
2015. Because petitioner received compensation, he is entitled to an award of
attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00056-UNJ Document 46 Filed 07/21/15 Page 2 of 2
Petitioner seeks a total of $36,582.96, in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $36,582.96, in the form of a check made payable to
petitioner and petitioner’s attorney, Amber D. Wilson, Esq., Maglio,
Christopher & Toale, PA, for attorneys’ fees and other litigation costs
available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2