VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00613 Package ID: USCOURTS-cofc-1_14-vv-00613 Petitioner: William Gould Filed: 2014-07-15 Decided: 2015-07-17 Vaccine: influenza Vaccination date: 2013-01-04 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 213092 AI-assisted case summary: William Gould filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on January 4, 2013. He further alleged that he experienced residual effects of GBS for more than six months. The respondent denied that the vaccination caused his GBS or any other injury. Despite the denial, the parties reached a settlement. On June 12, 2015, they filed a joint stipulation agreeing to settle the case, and the respondent agreed to pay Mr. Gould a lump sum of $190,000.00 as compensation for all damages. Subsequently, on June 16, 2015, the parties filed another stipulation regarding attorneys' fees and costs, agreeing to an award of $23,092.84. The Chief Special Master adopted both stipulations, awarding a total of $213,092.84 to Mr. Gould, with the attorneys' fees and costs to be paid as a lump sum jointly to Mr. Gould and his counsel. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00613-0 Date issued/filed: 2015-07-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/12/2015) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00613-UNJ Document 28 Filed 07/08/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-613V Filed: June 12, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * WILLIAM GOULD, * * Petitioner, * Joint Stipulation on Damages; * Influenza Vaccine or Flu Vaccine; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”); AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Esq., Anapol, Schwartz, et al., Philadelphia, PA, for petitioner. Linda Sarah Renzi, Esq., US Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Vowell, Chief Special Master: On July 15, 2014, William Gould filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act” or “Program”]. Petitioner alleges that he suffered Guillain-Barré syndrome (GBS) resulting from the influenza vaccine he received on January 4, 2013. Petition at 1; Stipulation, filed June 12, 2015, ¶¶ 1-2, 4. Petitioner further alleges that he experienced the residual effects of GBS for more than six months. Petition, ¶ 24; Stipulation, ¶ 4. Respondent denies that the influenza vaccination caused petitioner’s GBS or any other injury. Stipulation, ¶ 6. Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On June 12, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it 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 redact 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 redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Case 1:14-vv-00613-UNJ Document 28 Filed 07/08/15 Page 2 of 7 Respondent agrees to pay petitioner a lump sum of $190,000.00 in the form of a check payable to petitioner, William Gould. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 s/Denise K. Vowell Denise K. Vowell Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 CCaassee 11::1144--vvvv--0000661133--UUNNJJ DDooccuummeenntt 2208 FFiilleedd 0067//1028//1155 PPaaggee 13 ooff 57 CCaassee 11::1144--vvvv--0000661133--UUNNJJ DDooccuummeenntt 2208 FFiilleedd 0067//1028//1155 PPaaggee 24 ooff 57 CCaassee 11::1144--vvvv--0000661133--UUNNJJ DDooccuummeenntt 2208 FFiilleedd 0067//1028//1155 PPaaggee 35 ooff 57 CCaassee 11::1144--vvvv--0000661133--UUNNJJ DDooccuummeenntt 2208 FFiilleedd 0067//1028//1155 PPaaggee 46 ooff 57 CCaassee 11::1144--vvvv--0000661133--UUNNJJ DDooccuummeenntt 2208 FFiilleedd 0067//1028//1155 PPaaggee 57 ooff 57 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00613-1 Date issued/filed: 2015-07-17 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/16/2015) regarding 24 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00613-UNJ Document 29 Filed 07/17/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-613V Filed: June 16, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * WILLIAM GOULD, * * Petitioner, * v. * * Attorney Fees and Costs; Stipulation SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Esq., Anapol, Schwartz, et al., Philadelphia, PA, for petitioner. Linda S. Renzi, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Vowell, Chief Special Master: On July 15, 2014, William Gould filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act” or “Program”]. Petitioner alleges that he suffered Guillain-Barré syndrome (GBS) resulting from the influenza vaccine he received on January 4, 2013. Petition at 1. On June 12, 2015, I issued a decision awarding compensation to petitioner based on the parties’ stipulation. On June 16, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an 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), petitioners have 14 days to identify and move to redact 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 redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Case 1:14-vv-00613-UNJ Document 29 Filed 07/17/15 Page 2 of 2 award of $23,092.84 in attorneys’ fees and costs. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable. Accordingly, I award the total $23,092.843 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Lawrence Cohan. The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell Chief Special Master 3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924 F.2d 1029 (Fed. Cir.1991). 4 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