VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00192
Package ID: USCOURTS-cofc-1_14-vv-00192
Petitioner: Bruce McDonald
Filed: 2014-03-06
Decided: 2015-12-14
Vaccine: influenza
Vaccination date: 2012-10-27
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 216240

AI-assisted case summary:
Bruce McDonald filed a petition for compensation on March 6, 2014, alleging that an influenza vaccine he received on October 27, 2012, caused him to suffer Guillain-Barré Syndrome (GBS) and that he experienced residual effects for more than six months. The respondent denied that the vaccine caused the alleged injury. The parties subsequently filed a joint stipulation, agreeing that the influenza vaccine is listed on the Vaccine Injury Table and that Mr. McDonald suffered residual effects for more than six months. Special Master Christian J. Moran adopted the stipulation, awarding Mr. McDonald a lump sum of $197,000.00 for all damages. Later, the parties filed a joint stipulation for attorneys' fees and costs. Petitioner's counsel, Anne C. Toale of Maglio, Christopher & Toale, PA, sought $19,240.00 in fees and costs. The respondent, represented by Althea W. Davis of the United States Department of Justice, did not object to this amount. Special Master Moran awarded the $19,240.00 for attorneys' fees and litigation costs, bringing the total compensation to $216,240.00. The decision was issued on July 10, 2015, with the fees decision issued on December 14, 2015.

Theory of causation field:
Petitioner Bruce McDonald alleged that the influenza vaccine received on October 27, 2012, caused Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. The respondent denied causation. The parties stipulated that the influenza vaccine is on the Vaccine Injury Table and that the petitioner suffered residual effects for more than six months. The Special Master adopted the stipulation. Petitioner was awarded $197,000.00 for damages and $19,240.00 for attorneys' fees and costs, totaling $216,240.00. Special Master Christian J. Moran issued the decisions on July 10, 2015 (damages) and December 14, 2015 (fees). Petitioner's counsel was Anne C. Toale; respondent's counsel was Althea W. Davis. The public decision does not describe the specific mechanism of causation, medical experts, onset, symptoms, tests, or treatments.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00192-0
Date issued/filed: 2015-08-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/10/2015) regarding 38 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00192-UNJ Document 39 Filed 08/07/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
BRUCE MCDONALD, * No. 14-192V
*
Petitioner, * Special Master Moran
*
v. * Filed: July 10, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;
Althea W. Davis, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On July 8, 2015, respondent filed a joint stipulation concerning the petition
for compensation filed by Bruce McDonald on March 6, 2014. In his petition, Mr.
McDonald alleged that the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
October 27, 2012, caused him to suffer Guillain-Barré Syndrome (“GBS”).
Petitioner further alleges that he suffered the residual effects of this alleged injury
for more than six months. Petitioner represents that there has been no prior award
or settlement of a civil action for damages on his behalf as a result of his alleged
injury.
Respondent denies that the flu vaccine caused petitioner’s alleged injuries or
any other injury or his current condition.
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-00192-UNJ Document 39 Filed 08/07/15 Page 2 of 7
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 lump sum of $197,000.00 in the form of a check payable to petitioner,
Bruce McDonald. This amount represents compensation for all
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 14-192V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, 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

CCaassee 11::1144--vvvv--0000119922--UUNNJJ DDooccuummeenntt 3379 FFiilleedd 0078//0087//1155 PPaaggee 13 ooff 57

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CCaassee 11::1144--vvvv--0000119922--UUNNJJ DDooccuummeenntt 3379 FFiilleedd 0078//0087//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000119922--UUNNJJ DDooccuummeenntt 3379 FFiilleedd 0078//0087//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00192-1
Date issued/filed: 2015-12-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/18/2015) regarding 43 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00192-UNJ Document 44 Filed 12/14/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
BRUCE MCDONALD, *
* No: 14-192V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: November 18, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner;
Althea W. Davis, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On November 13, 2015, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
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 $19,240.00, an amount to which respondent does not object. The Court
awards this amount.
On March 6, 2014, Bruce McDonald filed a petition for compensation
alleging that the influenza (“flu”) vaccine, which he received on October 27, 2012,
caused him to suffer Guillain-Barré Syndrome (“GBS”). Petitioner received
compensation based upon the parties’ stipulation. Decision, issued July 10, 2015.
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 ruling 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-00192-UNJ Document 44 Filed 12/14/15 Page 2 of 2
Because petitioner received compensation, he is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $19,240.00 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner has not
incurred any costs in pursuit of the 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 $19,240.00 in the form of a check made payable to
petitioner and petitioner’s attorney, 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, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2