VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00219
Package ID: USCOURTS-cofc-1_14-vv-00219
Petitioner: Damien Dufour
Filed: 2014-03-20
Decided: 2016-03-15
Vaccine: influenza
Vaccination date: 2011-11-05
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 79543

AI-assisted case summary:
Damien Dufour filed a petition on March 20, 2014, alleging that an influenza vaccine administered on November 5, 2011, caused him to develop Guillain-Barré syndrome (GBS) and related neurological symptoms. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the GBS or any other injury. However, the parties reached a stipulation for damages. The court adopted this stipulation, awarding Damien Dufour a lump sum of $60,000.00 for all damages. Subsequently, on February 22, 2016, Petitioner's counsel filed a motion for attorneys' fees and costs, seeking $19,543.95. The respondent did not object to this amount. The Special Master found that the petition was brought in good faith with a reasonable basis, and therefore awarded the requested $19,543.95 for attorneys' fees and costs, payable jointly to Petitioner and his counsel. The total compensation awarded in this case was $79,543.95.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00219-0
Date issued/filed: 2016-01-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/30/2015) regarding 33 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00219-UNJ Document 37 Filed 01/20/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-219V
Filed: December 30, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DAMIEN DUFOUR, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Verne E. Paradie, Jr., Paradie, Sherman, Walker and Worden, Lewiston, ME, for Petitioner.
Althea Davis, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On March 20, 2014, Damien Dufour (“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 an influenza (“flu”) vaccination administered to him on November 5, 2011
caused him to suffer from Guillain-Barré syndrome (“GBS”) and related neurological symptoms.
On December 30, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccine caused
Petitioner’s GBS or any other injury or his current condition. However, the parties agree to the
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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-00219-UNJ Document 37 Filed 01/20/16 Page 2 of 7
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 $60,000.00 in the form of a check payable to Petitioner, representing
compensation for all damages that would be available under 42 U.S.C. § 300aa-
15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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

CCaassee 11::1144--vvvv--0000221199--UUNNJJ DDooccuummeenntt 3327 FFiilleedd 1021//3200//1156 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000221199--UUNNJJ DDooccuummeenntt 3327 FFiilleedd 1021//3200//1156 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000221199--UUNNJJ DDooccuummeenntt 3327 FFiilleedd 1021//3200//1156 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000221199--UUNNJJ DDooccuummeenntt 3327 FFiilleedd 1021//3200//1156 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000221199--UUNNJJ DDooccuummeenntt 3327 FFiilleedd 1021//3200//1156 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00219-1
Date issued/filed: 2016-03-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/23/2016) regarding 41 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00219-UNJ Document 44 Filed 03/15/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-219V
Filed: February 23, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
DAMIEN DUFOUR, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Verne E. Paradie, Jr., Paradie, Sherman, Walker and Worden, Lewiston, ME, for Petitioner.
Althea Davis, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On March 20, 2014, Damien Dufour (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). On
December 30, 2015, the undersigned issued a decision awarding compensation to Petitioner.
On February 22, 2016, Petitioner filed a motion for attorneys’ fees and costs. According
to his motion, Petitioner’s counsel seeks an award of attorneys’ fees and costs in the amount of
$19,543.95. Pursuant to General Order #9, counsel states that Petitioner has not personally
incurred any costs in pursuit of his claim. Counsel also states that Respondent has no objection
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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-00219-UNJ Document 44 Filed 03/15/16 Page 2 of 2
to the requested award.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $19,543.95, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Verne E.
Paradie, Jr.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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