VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00479 Package ID: USCOURTS-cofc-1_14-vv-00479 Petitioner: Robert Talton Filed: 2015-03-17 Decided: 2015-07-10 Vaccine: influenza Vaccination date: Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 163963 AI-assisted case summary: Robert Talton filed a petition on June 4, 2014, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving an influenza vaccine. The Secretary of Health and Human Services denied that the flu vaccine caused Mr. Talton's GBS and any related medical problems. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on March 17, 2015. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. The stipulation awarded Mr. Talton a lump sum of $145,000.00, payable to him, as compensation for all damages. On June 17, 2015, the parties filed another stipulation regarding attorney's fees and costs. Special Master Corcoran approved a lump sum of $18,963.99, payable jointly to Mr. Talton and his counsel, Amber D. Wilson, for attorney's fees and costs. The court entered judgment in accordance with the terms of both stipulations. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Robert Talton alleged that he suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving an influenza vaccine. Respondent denied causation. The parties stipulated to settle the case, agreeing that a decision should be entered awarding Petitioner compensation. Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, awarding Petitioner a lump sum of $145,000.00 for all damages. Attorney's fees and costs were subsequently stipulated and approved in the amount of $18,963.99, payable jointly to Petitioner and his counsel, Amber D. Wilson. The public text does not detail the specific vaccine date, age at vaccination, onset of symptoms, medical tests, treatments, or the specific mechanism of causation. No experts were named in the public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00479-0 Date issued/filed: 2015-04-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/17/2015) regarding 19 DECISION Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00479-UNJ Document 23 Filed 04/08/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-479V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ROBERT TALTON, * * Petitioner, * Filed: March 17, 2015 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”) SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Diane Wilson, Maglio, Christopher and Toale, PA, Washington, DC, for Petitioner. Alexis B Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On June 4, 2014, Robert Talton filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petitioner alleges that he suffered Guillain-Barré syndrome (“GBS”) and related complications as a result of receiving an influenza (“flu”) vaccine. 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, 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 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under 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 whole 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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:14-vv-00479-UNJ Document 23 Filed 04/08/15 Page 2 of 7 Respondent denies that Petitioner’s GBS and any related medical problems were caused by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed March 17, 2015 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: A lump sum of $145,000.00, 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). Stipulation ¶ 8. I approve a Vaccine Program award in the requested amount set forth above to be made 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly (or separately) filing notice(s) renouncing their right to seek review. 2 Case 1:14-vv-00479-UNJ Document 23 Filed 04/08/15 Page 3 of 7 Case 1:14-vv-00479-UNJ Document 23 Filed 04/08/15 Page 4 of 7 Case 1:14-vv-00479-UNJ Document 23 Filed 04/08/15 Page 5 of 7 Case 1:14-vv-00479-UNJ Document 23 Filed 04/08/15 Page 6 of 7 Case 1:14-vv-00479-UNJ Document 23 Filed 04/08/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00479-1 Date issued/filed: 2015-07-10 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 6/17/2015) regarding 25 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00479-UNJ Document 28 Filed 07/10/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-479V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ROBERT TALTON, * * Filed: June 17, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber D. Wilson, Maglio, Christopher and Toale, PA, Washington, DC, for Petitioner Alexis Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On June 4, 2014, Robert Talton filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). On March 17, 2015, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. On June 17, 2015, counsel for both parties filed another joint stipulation, this time in regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $18,963.99, in the form of a check payable to Petitioner and Petitioner’s 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, 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 (2002)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under 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 whole decision will be available to the public. (Id.) Case 1:14-vv-00479-UNJ Document 28 Filed 07/10/15 Page 2 of 2 counsel. This amount represents a sum to which Respondent does not object. In addition, and in compliance with General Order No. 9, Petitioner has represented that he did incur any reimbursable costs in proceeding on this petition. I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, an award should be made in the form of a check in the amount of $18,963.99 payable jointly to Petitioner and Petitioner’s counsel, Amber D. Wilson, Esq. 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.2 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.