VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00677
Package ID: USCOURTS-cofc-1_14-vv-00677
Petitioner: Eddie David Dukes
Filed: 2015-01-27
Decided: 2015-04-20
Vaccine: influenza
Vaccination date: 2011-09-13
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 187360

AI-assisted case summary:
Eddie David Dukes filed a petition for compensation under the National Vaccine Injury Compensation Program on July 29, 2014, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on September 13, 2011. Mr. Dukes alleged that he experienced the residual effects of GBS for more than six months, had filed no other action for this injury, and had received no prior award or settlement. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccination caused Mr. Dukes' GBS or any other injury. Despite the denial, the parties reached a settlement agreement. On January 27, 2015, a joint stipulation was filed, agreeing to settle the case for a lump sum of $175,000.00, intended to compensate for all available damages. Chief Special Master Denise Kathryn Vowell adopted this stipulation. Subsequently, on March 26, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $12,360.52. Chief Special Master Vowell also adopted this stipulation, awarding a total of $187,360.52 to Mr. Dukes. The decision on attorneys' fees and costs was issued on April 20, 2015. Petitioner was represented by James Griffin of Lewis, Babcock & Griffin, LLP, and respondent was represented by Lynn Ricciardella of the US Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Eddie David Dukes alleged that an influenza vaccine received on September 13, 2011, caused Guillain-Barré syndrome (GBS). Respondent denied causation. The parties reached a settlement. A joint stipulation filed January 27, 2015, agreed to a lump sum award of $175,000.00 for all damages. A subsequent stipulation filed March 26, 2015, agreed to attorneys' fees and costs of $12,360.52. Chief Special Master Denise Kathryn Vowell adopted both stipulations. The total award was $187,360.52. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00677-0
Date issued/filed: 2015-02-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/27/2015) regarding 16 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00677-UNJ Document 17 Filed 02/24/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-677V
Filed: January 27, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
EDDIE DAVID DUKES, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza Vaccine or Flu Vaccine;
* Guillain-Barré Syndrome (GBS);
SECRETARY OF HEALTH * Special Processing Unit
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
James Griffin, Lewis, Babcock & Griffin, LLP, Columbia, SC, for petitioner.
Lynn Ricciardella, US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On July 29, 2014, Eddie David Dukes 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 September 13, 2011.
Petition at 1; Stipulation, filed Jan. 27, 2015, ¶ 4. Petitioner further alleges that he
experienced the residual effects of GBS for more than six months, has filed no other
action for this injury, and has received no prior award or settlement. Petition, ¶¶ 6-8;
Stipulation, ¶¶ 4-5. Respondent denies that the influenza vaccination caused
petitioner’s GBS or any other injury. 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-00677-UNJ Document 17 Filed 02/24/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
January 27, 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 $175,000.00 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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CCaassee 11::1144--vvvv--0000667777--UUNNJJ DDooccuummeenntt 1157 FFiilleedd 0012//2274//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000667777--UUNNJJ DDooccuummeenntt 1157 FFiilleedd 0012//2274//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00677-1
Date issued/filed: 2015-04-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/26/2015) regarding 21 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00677-UNJ Document 22 Filed 04/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-677V
Filed: March 26, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
EDDIE DAVID DUKES, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
James Griffin, Esq., Lewis, Babcock & Griffin, LLP, Columbia, SC, for petitioner.
Lynn Ricciardella, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On July 29, 2014, Eddie David Dukes 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-Barré syndrome
(GBS) resulting from the influenza vaccine he received on September 13, 2011.
Petition at 1. Respondent denied that the influenza vaccination caused petitioner’s GBS
or any other injury. Stipulation, filed Jan. 27, 2015, ¶ 6. Nevertheless, the parties
agreed to settle the case. Stipulation, ¶ 7. On January 27, 2015, I issued a decision
awarding compensation to petitioner based on the parties’ joint stipulation.
On March 26, 2015, the parties filed a Stipulation of Attorneys’ Fees and Costs.
According to the joint stipulation, the parties agree upon an award of attorneys’ fees and
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-00677-UNJ Document 22 Filed 04/20/15 Page 2 of 2
costs to petitioner in the amount of $12,360.52. 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 $12,360.523 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel James M. Griffin.
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