VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00252
Package ID: USCOURTS-cofc-1_14-vv-00252
Petitioner: Michael Askew
Filed: 2014-03-31
Decided: 2014-12-11
Vaccine: influenza
Vaccination date: 2011-11-11
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 181734

AI-assisted case summary:
Michael Askew filed a petition on March 31, 2014, under the National Vaccine Injury Compensation Program, alleging he developed Guillain-Barré syndrome (GBS) following an influenza vaccine administered on November 11, 2011. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's GBS or any other injury. Despite this denial, the parties reached a joint stipulation on December 11, 2014, agreeing to an award of compensation and attorneys' fees. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum payment of $162,500.00 to Petitioner for all damages. Additionally, a lump sum of $19,234.39 was awarded for attorneys' fees and costs, payable jointly to Petitioner and his attorney, Maximillian Muller of Muller Brazil, LLP. Petitioner represented that he incurred no out-of-pocket litigation expenses. The Special Master ordered that judgment be entered in accordance with the terms of the stipulation, noting that the parties had waived their right to seek review. The case was represented by Maximillian Muller for the Petitioner and Traci Patton for the Respondent.

Theory of causation field:
Petitioner Michael Askew alleged that an influenza vaccine administered on November 11, 2011, caused Guillain-Barré syndrome (GBS). Respondent denied causation. The parties filed a joint stipulation on December 11, 2014, agreeing to compensation. The stipulation awarded Petitioner a lump sum of $162,500.00 for all damages and $19,234.39 for attorneys' fees and costs, payable jointly to Petitioner and his attorney, Maximillian Muller. Special Master Lisa Hamilton-Fieldman approved the stipulation as reasonable and ordered judgment. The specific medical mechanism or expert testimony supporting the causation theory was not detailed in the provided public text, as the case was resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00252-0
Date issued/filed: 2015-01-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/11/2014) regarding 15 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00252-UNJ Document 19 Filed 01/05/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-252V
Filed: December 11, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
MICHAEL ASKEW, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Guillain-
* Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to
* Which Respondent Does Not Object.
Respondent. *
* * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Philadelphia, PA, for Petitioner.
Traci Patton, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On March 31, 2014, Michael Askew (“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 he suffered from Guillain-Barré syndrome (“GBS”) as a result of an
influenza (“flu”) vaccine administered to him on November 11, 2011.
On December 11, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation and attorneys’ fees. Respondent denies that the flu
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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-00252-UNJ Document 19 Filed 01/05/15 Page 2 of 7
vaccine caused Petitioner’s GBS or any other injury or condition. Nevertheless, the parties agree
to the 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 and attorneys’ fees, on
the terms set forth therein.
The parties stipulate that Petitioner and his attorney shall receive the following
compensation:
A lump sum of $162,500.00, 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); and
A lump sum of 19,234.39, in the form of a check payable jointly to Petitioner and
Petitioner’s attorney, Maximillian Muller, for attorneys’ fees and costs available
under 42 U.S.C. § 300aa-15(e). In compliance with General Order #9, Petitioner
represents that he incurred no out-of-pocket litigation expenses in proceeding on the
petition.
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation and for
attorneys’ fees. 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

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