VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00631
Package ID: USCOURTS-cofc-1_14-vv-00631
Petitioner: Richard G. Hoffman
Filed: 2014-07-21
Decided: 2015-07-27
Vaccine: influenza
Vaccination date: 2012-10-10
Condition: chronic inflammatory demyelinating polyneuritis (CIDP)
Outcome: compensated
Award amount USD: 131848

AI-assisted case summary:
Richard G. Hoffman filed a petition for compensation under the National Vaccine Injury Compensation Program on July 21, 2014. He alleged that he suffered chronic inflammatory demyelinating polyneuritis (CIDP) as a result of an influenza vaccine he received on October 10, 2012. Mr. Hoffman further stated that he had not received any civil award or settlement for his injury. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccination caused Mr. Hoffman's CIDP or any other injury. Despite the respondent's denial, the parties reached a settlement agreement. On June 26, 2015, they filed a joint stipulation outlining the terms of the settlement. The respondent agreed to pay Mr. Hoffman a lump sum of $125,000.00, representing compensation for all damages available under the Vaccine Act. Chief Special Master Denise Kathryn Vowell adopted the parties' stipulation and awarded this amount. Subsequently, on June 29, 2015, the parties filed a stipulation regarding attorneys' fees and costs. They agreed upon an award of $6,848.52 for attorneys' fees and costs. Chief Special Master Vowell found this amount to be reasonable and awarded it as a lump sum, jointly payable to Mr. Hoffman and his counsel, Douglas Lee Burdette. The total compensation awarded to Mr. Hoffman was $131,848.52. 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 Richard G. Hoffman alleged that he suffered chronic inflammatory demyelinating polyneuritis (CIDP) as a result of an influenza vaccine received on October 10, 2012. The respondent denied causation. The parties reached a stipulation for settlement. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via stipulation, with an award of $125,000.00 for damages and $6,848.52 for attorneys' fees and costs, totaling $131,848.52. The decision was issued by Chief Special Master Denise Kathryn Vowell on July 27, 2015. Petitioner was represented by Douglas Burdette, Esq., and respondent by Justine Walters, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00631-0
Date issued/filed: 2015-07-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/26/2015) regarding 26 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00631-UNJ Document 34 Filed 07/27/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-631V
Filed: June 26, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RICHARD G. HOFFMAN, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza Vaccine or Flu Vaccine;
* Chronic Inflammatory Demyelinating
SECRETARY OF HEALTH * Polyneuritis [“CIDP”];
AND HUMAN SERVICES, * Special Processing Unit (“SPU”);
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Douglas Burdette, Esq., Burkett & Burdette, Seattle, WA, for petitioner.
Justine Walters, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On July 21, 2014, Richard G. Hoffman 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 chronic inflammatory
demyelinating polyneuritis (CIDP) resulting from the influenza vaccine he received on
October 10, 2012. Petition at 1; Stipulation, filed June 26, 2015, ¶¶ 2, 4. Petitioner
further alleges that he has not received a civil award or settlement for his injury.
Petition, ¶ 13; Stipulation, ¶ 5. Respondent denies that the influenza vaccination
caused petitioner’s CIDP or any other injury. Stipulation, ¶ 6.
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
June 26, 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-00631-UNJ Document 34 Filed 07/27/15 Page 2 of 7
Respondent agrees to pay petitioner a lump sum of $125,000.00 in the form of a
check payable to petitioner, Richard G. Hoffman. 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

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CCaassee 11::1144--vvvv--0000663311--UUNNJJ DDooccuummeenntt 2354 FFiilleedd 0067//2267//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000663311--UUNNJJ DDooccuummeenntt 2354 FFiilleedd 0067//2267//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000663311--UUNNJJ DDooccuummeenntt 2354 FFiilleedd 0067//2267//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00631-1
Date issued/filed: 2015-07-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/30/2015) regarding 28 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00631-UNJ Document 35 Filed 07/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-631V
Filed: June 30, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RICHARD G. HOFFMAN, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Douglas Burdette, Esq., Burkett & Burdette, Seattle, WA, for petitioner.
Justine Walters, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On July 21, 2014, Richard G. Hoffman 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 chronic inflammatory
demyelinating polyneuritis (CIDP) resulting from the influenza vaccine he received on
October 10, 2012. Petition at 1. On June 26, 2015, I issued a decision awarding
compensation to petitioner based on the parties’ stipulation.
On June 29, 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-00631-UNJ Document 35 Filed 07/27/15 Page 2 of 2
award of $6,848.52 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 $6,848.523 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Douglas Lee Burdette.
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