VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00604
Package ID: USCOURTS-cofc-1_14-vv-00604
Petitioner: Eric Dubay
Filed: 2015-01-08
Decided: 2015-02-09
Vaccine: influenza
Vaccination date: 2011-10-05
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Eric Dubay filed a petition on January 8, 2015, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on or about October 5, 2011. He further alleged that he experienced residual effects of his injury for more than six months. The respondent denied that the flu vaccination caused petitioner's GBS. The parties subsequently filed a joint stipulation on damages, agreeing that a decision should be entered awarding compensation. Special Master Thomas L. Gowen adopted the stipulation. Petitioner was awarded a lump sum of $100,000.00 for all damages available under the statute. On February 19, 2015, a separate decision addressed attorneys' fees and costs. The parties filed a stipulation regarding fees and costs, with the respondent not objecting to the requested amount. Special Master Gowen found that the petition was brought in good faith and had a reasonable basis, awarding $6,555.67 in attorneys' fees and costs, payable jointly to petitioner Eric Dubay and his attorney, Verne E. Paradie, Jr. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Eric Dubay alleged that an influenza vaccine administered on or about October 5, 2011, caused Guillain-Barre Syndrome (GBS) and residual effects lasting more than six months. The respondent denied causation. The parties stipulated to an award of $100,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation on February 9, 2015. Attorneys' fees and costs of $6,555.67 were awarded on February 19, 2015, upon a finding of good faith and reasonable basis for the claim. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00604-0
Date issued/filed: 2015-02-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/08/2015) regarding 13 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00604-UNJ Document 17 Filed 02/09/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-604V
Filed: January 8, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
ERIC DUBAY, *
* Special Master Gowen
*
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barre Syndrome;
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Verne E. Paradie, Jr., Paradie Sherman Walker & Worden, Lewiston, ME, for petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 14, 2014, Eric Dubay (“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 October 5, 2011, he
developed Guillain-Barre Syndrome (“GBS”). Stipulation ¶ 2, 4, filed Jan. 7, 2015. Further,
petitioner alleged that he experienced residual effects of his injury for more than six months. Id.
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-00604-UNJ Document 17 Filed 02/09/15 Page 2 of 7
at ¶ 4.
On January 7, 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 or any other injury. 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 $100,000.00, in the form of a check payable to petitioner, Eric
Dubay. 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.
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

Case 1:14-vv-00604-UNJ Document 17 Filed 02/09/15 Page 3 of 7

Case 1:14-vv-00604-UNJ Document 17 Filed 02/09/15 Page 4 of 7

Case 1:14-vv-00604-UNJ Document 17 Filed 02/09/15 Page 5 of 7

Case 1:14-vv-00604-UNJ Document 17 Filed 02/09/15 Page 6 of 7

Case 1:14-vv-00604-UNJ Document 17 Filed 02/09/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00604-1
Date issued/filed: 2015-03-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/19/2015) regarding 19 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00604-UNJ Document 22 Filed 03/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-604V
Filed: February 19, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * *
ERIC DUBAY, *
*
*
Petitioner, *
* Stipulation; Attorneys’ Fees & Costs
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Verne E. Paradie, Jr., Paradie, Sherman, Walker & Worden, Lewiston, ME, for
petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for
respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Gowen, Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision adopting the parties’ stipulation on January 8, 2015. On February 19, 2015,
the parties filed a Stipulation of Fact concerning attorneys’ fees and costs. Additionally,
pursuant to General Order #9, petitioner’s counsel asserted that petitioner did not
personally incur litigation costs in this matter. Id. at para. 4.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).
1

Case 1:14-vv-00604-UNJ Document 22 Filed 03/13/15 Page 2 of 2
The parties’ stipulation indicates that respondent does not object to the amount
of $6,555.67 that petitioner is requesting for attorneys’ fees and costs.
I find 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, I hereby award:
• a lump sum of $6,555.67 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Verne E. Paradie, Jr., for
petitioner’s attorneys’ fees and costs.
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 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2