VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00209
Package ID: USCOURTS-cofc-1_14-vv-00209
Petitioner: Stephen Wallen
Filed: 2015-01-13
Decided: 2015-02-03
Vaccine: Tdap
Vaccination date: 2011-07-05
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Stephen Wallen filed a petition on January 13, 2015, alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by a tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on July 5, 2011. He further alleged that he experienced residual effects of the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Wallen'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, awarding Mr. Wallen $100,000.00 as compensation for all damages. The award was to be in the form of a check for $100,000.00 made payable to the petitioner. Subsequently, on February 9, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Mr. Wallen requested $21,950.00, which the respondent did not object to. Special Master Millman found this amount to be reasonable and awarded it, payable jointly to Mr. Wallen and his attorneys, Maglio, Christopher, & Toale, P.A. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Stephen Wallen alleged that his Guillain-Barré Syndrome (GBS) was caused by a Tdap vaccine received on July 5, 2011, and that he experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $100,000.00 for all damages. Attorneys' fees and costs of $21,950.00 were also awarded, payable jointly to petitioner and Maglio, Christopher, & Toale, P.A. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00209-0
Date issued/filed: 2015-02-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/13/2015) regarding 22 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00209-UNJ Document 27 Filed 02/03/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-209V
Filed: January 13, 2015
Not for Publication
*************************************
STEPHEN WALLEN, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * tetanus-diphtheria-acellular pertussis (Tdap)
* vaccine; Guillain-Barré Syndrome (GBS)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
F. John Caldwell, Sarasota, FL, for petitioner.
Julia W. McInerny, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On January 13, 2015, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that he suffered from
Guillain-Barré Syndrome (“GBS”) that was caused by his receipt of tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine on July 5, 2011. He further alleges that he experienced the residual
effects of this injury for more than six months. Respondent denies that the Tdap vaccine caused
petitioner to suffer GBS or any other injury. 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 1:14-vv-00209-UNJ Document 27 Filed 02/03/15 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
$100,000.00, 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 $100,000.00 made 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: January 13, 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

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Case 1:14-vv-00209-UNJ Document 27 Filed 02/03/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00209-1
Date issued/filed: 2015-03-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/09/2015) regarding 29 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00209-UNJ Document 32 Filed 03/02/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-209V
Filed: February 9, 2015
Not for Publication
*************************************
STEPHEN WALLEN, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
F. John Caldwell, Jr., Sarasota, FL, for petitioner.
Julia W. McInerny, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On February 9, 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. During informal discussions, respondent raised objections to certain aspects of
petitioner’s application. Based on these objections, petitioner amends his application for
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 1:14-vv-00209-UNJ Document 32 Filed 03/02/15 Page 2 of 2
attorneys’ fees and costs to $21,950.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $21,950.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Maglio, Christopher, & Toale, P.A. for $21,950.00.
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: February 9, 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