VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00649
Package ID: USCOURTS-cofc-1_14-vv-00649
Petitioner: John Poh
Filed: 2015-05-27
Decided: 2015-10-20
Vaccine: Influenza
Vaccination date: 
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 170000

AI-assisted case summary:
On July 23, 2014, John Poh filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an Influenza vaccination. Mr. Poh further alleged that he experienced residual effects of his injury for more than six months, had filed no other action for this injury, and had received no prior award or settlement. The respondent denied that petitioner's GBS was caused-in-fact by his influenza vaccination and denied that the vaccine caused any other injury or his current condition. Despite the respondent's denial, the parties reached a joint stipulation to settle the case. On May 21, 2015, they filed a stipulation agreeing to settle the case and outlining the terms. The respondent agreed to pay petitioner a lump sum of $170,000.00 as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Chief Special Master Denise Kathryn Vowell adopted the parties' stipulation and awarded compensation in the amount and on the terms set forth therein. Subsequently, on September 10, 2015, the parties filed a stipulation for attorneys' fees and costs. They agreed upon an award of $21,389.63, which petitioner's counsel represented covered all legal expenses and out-of-pocket costs incurred by the petitioner. Special Master Vowell found this amount reasonable and awarded it as a lump sum, jointly payable to Mr. Poh and his counsel, Amber Wilson of Maglio Christopher and Toale, PA. The respondent was represented by Alexis Babcock of the U.S. Department of Justice. The case was resolved through these stipulations, resulting in compensation for Mr. Poh.

Theory of causation field:
Petitioner John Poh alleged Guillain-Barre Syndrome (GBS) as a result of an Influenza vaccination. Respondent denied that the GBS was caused-in-fact by the vaccination. The parties reached a joint stipulation to settle the case. The public decision does not describe the specific vaccination date, the petitioner's age at vaccination, the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. The case was resolved via stipulation, with an award of $170,000.00 for all damages. Attorneys' fees and costs were awarded separately in the amount of $21,389.63, jointly payable to petitioner and counsel Amber Wilson of Maglio Christopher and Toale, PA. The respondent was represented by Alexis Babcock of the U.S. Department of Justice. Chief Special Master Denise Kathryn Vowell issued the decisions on May 27, 2015 (stipulation on damages) and October 20, 2015 (attorneys' fees and costs).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00649-0
Date issued/filed: 2015-06-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/27/2015) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00649-UNJ Document 33 Filed 06/17/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-649V
Filed: May 27, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOHN POH, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On July 23, 2014, John Poh 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-Barre Syndrome [“GBS”]
as the result of an Influenza [“Flu”] vaccination. Petition, ¶¶ 2-12; Stipulation, filed May
21, 2015, ¶ 4. Petitioner further alleges that he experienced the residual effects of his
injury for more than six months, has filed no other action for this injury, and has received
no prior award or settlement. Petition, ¶¶ 13, 15-16; Stipulation, ¶¶ 4-5. “Respondent
denies that petitioner’s GBS was caused-in-fact by his influenza vaccination, and denies
that the vaccine caused any other injury or his current condition.” Stipulation, ¶ 6.
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-00649-UNJ Document 33 Filed 06/17/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
May 21, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $170, 000.00 in the form of a
check payable to petitioner. 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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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00649-1
Date issued/filed: 2015-10-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/11/2015) regarding 36 DECISION Fees Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00649-UNJ Document 41 Filed 10/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-649V
Filed: September 11, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOHN POH, *
*
Petitioner, * Attorney Fees and Costs; Stipulation;
* Special Processing Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Special Master:
On July 23, 2014, John Poh 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 alleged that he suffered Guillain-Barre Syndrome [“GBS”]
as the result of an Influenza [“Flu”] vaccination. Petition, ¶¶ 2-12. On May 27, 2015, I
issued a decision awarding compensation to petitioner based on the parties’ Stipulation.
On September 10, 2015, the parties filed a Stipulation of Attorneys’ Fees and
Costs. According to the stipulation, the parties agree upon an award of $21,389.63. In
accordance with General Order #9, petitioner’s counsel represents that petitioner
incurred no out-of-pocket expenses.
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 (2012).

Case 1:14-vv-00649-UNJ Document 41 Filed 10/20/15 Page 2 of 2
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 of $21,389.633 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, Amber Wilson, Esq.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
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