VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00265
Package ID: USCOURTS-cofc-1_14-vv-00265
Petitioner: Matthew J. Lenihan
Filed: 2014-04-07
Decided: 2015-05-13
Vaccine: influenza
Vaccination date: 2011-11-07
Condition: Guillain-Barré Syndrome (Miller-Fisher syndrome)
Outcome: compensated
Award amount USD: 211664

AI-assisted case summary:
Matthew J. Lenihan filed a petition on April 7, 2014, alleging that he suffered from Guillain-Barré Syndrome (GBS), specifically Miller-Fisher syndrome, as a result of receiving an influenza vaccine on or about November 7, 2011. He claimed residual effects from the injury for more than six months. The respondent denied that the flu vaccine caused his GBS. However, the parties filed a joint stipulation on damages, agreeing that compensation should be awarded. Special Master Nora Beth Dorsey adopted the stipulation, awarding Matthew J. Lenihan a lump sum of $190,000.00 for all damages. Subsequently, on April 10, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to a total award of $21,664.72 for fees and $108.08 for costs, which Special Master Dorsey approved. The total compensation awarded was $211,664.72. Petitioner was represented by Richard H. Moeller of Berenstein, Moore, et al., and respondent was represented by Lara A. Englund of the United States Department of Justice.

Theory of causation field:
Petitioner Matthew J. Lenihan alleged that an influenza vaccine administered on November 7, 2011, caused Guillain-Barré Syndrome (GBS), specifically Miller-Fisher syndrome, with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation on damages and subsequently on attorneys' fees and costs. The Special Master adopted the stipulations. Petitioner received a lump sum award of $190,000.00 for damages and $21,664.72 for attorneys' fees and $108.08 for costs, totaling $211,664.72. The theory of causation was identified as 'Off-Table'. No specific medical experts or detailed clinical information regarding the onset, symptoms, tests, treatments, or mechanism of injury were described in the provided public text. Special Master Nora Beth Dorsey issued the decision on March 27, 2015, for damages and May 13, 2015, for fees and costs. Petitioner's counsel was Richard H. Moeller, and respondent's counsel was Lara A. Englund.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00265-0
Date issued/filed: 2015-04-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/27/2015) regarding 32 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00265-UNJ Document 41 Filed 04/17/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-265V
Filed: March 27, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
MATTHEW J. LENIHAN, *
*
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome.
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Richard H. Moeller, Berenstein, Moore, et al., Sioux City, IA, for petitioner.
Lara A. Englund, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On April 7, 2014, Matthew J. Lenihan (“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 as a result of receiving an influenza (“flu”) vaccine on or about November 7, 2011, he
suffered from Guillain-Barré Syndrome (“GBS”). Stipulation at ¶ 2, 4. Further, petitioner alleged
that he experienced residual effects of this injury for more than six months. Id. at ¶ 4.
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-00265-UNJ Document 41 Filed 04/17/15 Page 2 of 7
On March 27, 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 condition. Id. at ¶ 6. 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, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $190,000.00, in the form of a check payable to petitioner, Matthew J.
Lenihan. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 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/ Nora Beth Dorsey
Nora Beth Dorsey
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

Case 1:14-vv-00265-UNJ Document 41 Filed 04/17/15 Page 3 of 7

Case 1:14-vv-00265-UNJ Document 41 Filed 04/17/15 Page 4 of 7

Case 1:14-vv-00265-UNJ Document 41 Filed 04/17/15 Page 5 of 7

Case 1:14-vv-00265-UNJ Document 41 Filed 04/17/15 Page 6 of 7

Case 1:14-vv-00265-UNJ Document 41 Filed 04/17/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00265-1
Date issued/filed: 2015-05-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/13/2015) regarding 39 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00265-UNJ Document 44 Filed 05/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 13, 2015
* * * * * * * * * * * * * * UNPUBLISHED
MATTHEW J. LENIHAN, * No. 14-265V
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Richard H. Moeller, Berenstein, Moore, et al., Sioux City, IA, for petitioner.
Lara A. Englund, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On April 7, 2014, Matthew J. Lenihan (“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 acute inflammatory demyelinating polyneuropathy/Guillain-
Barrė syndrome (Miller-Fisher syndrome) that was caused in fact by an influenza (flu) vaccine
administered to him on November 7, 2011. See Petition at 1. On March 27, 2015, the
undersigned entered a decision awarding compensation to petitioner based on a stipulation filed
by the parties.
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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire decision will be available to the
public. Id.
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-00265-UNJ Document 44 Filed 05/13/15 Page 2 of 2
On April 10, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and
Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $21,664.72. In accordance with General Order #9,
petitioner’s counsel states that petitioner advanced $108.08 in reimbursable costs in pursuit of his
claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Richard H. Moeller, in the amount of $21,664.72, and
(2) in the form of a check payable to petitioner only in the amount of $108.08.
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/Nora Beth Dorsey
Nora Beth Dorsey
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