VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00538
Package ID: USCOURTS-cofc-1_14-vv-00538
Petitioner: James Harrison Cockrell, Jr.
Filed: 2015-09-18
Decided: 2016-01-13
Vaccine: influenza
Vaccination date: 2013-01-07
Condition: Guillain-Barré Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy
Outcome: compensated
Award amount USD: 335942

AI-assisted case summary:
James Harrison Cockrell, Jr. filed a petition on September 18, 2015, alleging that he suffered Guillain-Barré Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of receiving an influenza vaccine on January 7, 2013. He further alleged that he experienced residual effects of his injury for more than six months. The parties filed a joint stipulation on damages on September 17, 2015, agreeing to an award of compensation. Respondent denied that the flu vaccination caused petitioner's GBS, CIDP, or any other condition. The Special Master adopted the stipulation as the decision of the Court. An award was made consisting of a lump sum payment of $335,942.65 and an amount to purchase an annuity contract. Subsequently, on December 22, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Petitioner requested $41,500.00, and respondent did not object. The Special Master granted this request, ordering the payment of attorneys' fees and costs jointly to the petitioner and his attorney. Judgment was entered in accordance with the terms of the parties' stipulations.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00538-0
Date issued/filed: 2015-10-21
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 09/18/2015) regarding 22 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00538-UNJ Document 26 Filed 10/21/15 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-538V
Filed: September 18, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
JAMES HARRISON COCKRELL, JR., *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillian-Barré Syndrome; CIDP.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Milton C. Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for petitioner.
Linda S. Renzi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On June 24, 2014, James Harrison Cockrell, Jr. (“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 January 7, 2013, he
suffered Guillain-Barré Syndrome (“GBS”) and Chronic Inflammatory Demyelinating
Polyneuropathy (“CIDP”). Stipulation ¶ 2, 4, filed Sep. 17, 2015. Further, petitioner alleged that
he experienced residual effects of his injury for more than six months. Petition at ¶ 17.
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-00538-UNJ Document 26 Filed 10/21/15 Page 2 of 9
On September 17, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s GBS, CIDP, or any other condition. Stipulation 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 undersigned awards petitioner the following compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a):
1. A lump sum payment of $335,942.65 in the form of a check payable to petitioner,
James Harrison Cockrell, Jr.; and
2. An amount sufficient to purchase an annuity contract to provide the benefits
described in paragraph 10 of the stipulation, to be paid to a life insurance
company meeting the criteria described in paragraph 9.
Id. at ¶ 8.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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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Case 1:14-vv-00538-UNJ Document 26 Filed 10/21/15 Page 7 of 9

Case 1:14-vv-00538-UNJ Document 26 Filed 10/21/15 Page 8 of 9

Case 1:14-vv-00538-UNJ Document 26 Filed 10/21/15 Page 9 of 9

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00538-1
Date issued/filed: 2016-01-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/22/2015) regarding 28 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00538-UNJ Document 31 Filed 01/13/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-538V
Filed: December 22, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
JAMES HARRISON COCKRELL, JR, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on
v. * Attorneys’ Fees and Costs.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for petitioner.
Linda S. Renzi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On June 24, 2014, James Harrison Cockrell, Jr. (“petitioner”) filed a petition pursuant to
the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012).
Petitioner alleged that as a result of receiving an influenza (“flu”) vaccine on January 7, 2013, he
developed Guillain-Barré Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy.
Petition at Preamble. On September 17, 2015, the parties filed a stipulation in which they agreed
to an award of compensation to petitioner. On September 18, 2015, the undersigned issued a
Decision adopting the parties’ stipulation for an award. See Decision on J. Stip., filed Sept. 18,
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 (2012)). 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 (2012) (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-00538-UNJ Document 31 Filed 01/13/16 Page 2 of 2
2015.
On December 22, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $41,500.00. Stip. for
Fees and Costs ¶ 3. Respondent does not object. Id. In accordance with General Order #9, petitioner
represents that he did not incur any reimbursable costs in pursuit of this claim. Id. at ¶ 4.
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 the parties’ stipulation, 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, Milton
Clay Ragsdale, IV of Ragsdale LLC, in the amount of $41,500.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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