VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00752 Package ID: USCOURTS-cofc-1_14-vv-00752 Petitioner: Stanley Brass Filed: 2015-04-27 Decided: 2015-06-05 Vaccine: influenza Vaccination date: 2012-10-13 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Stanley Brass filed a petition alleging that he developed Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on October 13, 2012. He claimed that he experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Brass's GBS or any other injury, and also denied that his current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties reached a stipulation to resolve the case. The court adopted the stipulation and awarded Mr. Brass $60,000.00 as compensation for all damages. Subsequently, the parties also stipulated to attorneys' fees and costs. The court awarded $13,228.55 for attorneys' fees and costs, payable jointly to Mr. Brass and his attorneys. The decision date for the attorneys' fees and costs was June 5, 2015, and the petition was filed on April 27, 2015. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00752-0 Date issued/filed: 2015-05-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/27/2015) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00752-UNJ Document 30 Filed 05/18/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-752V Filed: April 27, 2015 Not for Publication ************************************* STANLEY BRASS, * * Petitioner, * * Damages decision based on stipulation; v. * influenza (flu) vaccine; Guillain-Barré * Syndrome (GBS) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Diana Stadelnikas Sedar, Sarasota, FL, for petitioner. Linda S. Renzi, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On April 24, 2015, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from Guillain-Barré Syndrome (“GBS”) that was caused by his October 13, 2012 receipt of influenza (“flu”) vaccine. He further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s GBS or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:14-vv-00752-UNJ Document 30 Filed 05/18/15 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $60,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form of a check for $60,000.00 made payable to petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: April 27, 2015 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:14-vv-00752-UNJ Document 30 Filed 05/18/15 Page 3 of 7 Case 1:14-vv-00752-UNJ Document 30 Filed 05/18/15 Page 4 of 7 Case 1:14-vv-00752-UNJ Document 30 Filed 05/18/15 Page 5 of 7 Case 1:14-vv-00752-UNJ Document 30 Filed 05/18/15 Page 6 of 7 Case 1:14-vv-00752-UNJ Document 30 Filed 05/18/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00752-1 Date issued/filed: 2015-06-26 Pages: 2 Docket text: PUBLIC DECISION regarding 33 DECISION Fees Stipulation/Proffer. Signed by Special Master Laura D Millman. (LJG) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00752-UNJ Document 36 Filed 06/26/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-752V Filed: June 5, 2015 Not for Publication ************************************* STANLEY BRASS, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Diana L. Stadelnikas Sedar, Sarasota, FL, for petitioner. Linda S. Renzi, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On June 5, 2015, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with General Order #9, petitioner asserts that he did not incur any costs in pursuit of his petition. Petitioner submitted his application for attorneys’ fees and costs to respondent, requesting reimbursement for attorneys’ fees and costs in the amount of $13,228.55. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:14-vv-00752-UNJ Document 36 Filed 06/26/15 Page 2 of 2 Accordingly, the court awards $13,228.55, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and Maglio, Christopher & Toale, P.A. for $13,228.55. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: June 5, 2015 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2