VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00771
Package ID: USCOURTS-cofc-1_14-vv-00771
Petitioner: Kenneth Shores
Filed: 2014-08-22
Decided: 2015-08-26
Vaccine: influenza
Vaccination date: 2012-11-19
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 183046

AI-assisted case summary:
Kenneth Shores filed a petition on August 22, 2014, alleging that he developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on November 19, 2012. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Mr. Shores' GBS. The parties reached a settlement and filed a joint stipulation for damages. Special Master Thomas L. Gowen approved the stipulation. Mr. Shores was awarded a total of $183,046.30. This amount included a lump sum of $170,000.00 for all damages and $13,046.30 to reimburse the State of Oregon for a Medicaid lien. A separate decision on attorneys' fees and costs, filed on August 5, 2015, awarded $22,335.65 in fees and costs, with $12.62 for reimbursable costs payable directly to Mr. Shores. The final decision on damages was entered on August 26, 2015. The public decision does not describe the onset of symptoms, specific clinical details, or any medical experts. Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Julia W. McInerny of the United States Department of Justice.

Theory of causation field:
Petitioner Kenneth Shores alleged that he developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on November 19, 2012. The respondent denied that the vaccination caused the GBS. The parties reached a stipulation for damages, and Special Master Thomas L. Gowen adopted the stipulation as the decision of the court. The award included $170,000.00 for all damages and $13,046.30 for reimbursement of a Medicaid lien. Attorneys' fees and costs were awarded separately in the amount of $22,335.65. The public decision does not specify the theory of causation, any medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00771-0
Date issued/filed: 2015-08-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/13/2015) regarding 28 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00771-UNJ Document 36 Filed 08/05/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-771V
Filed: July 13, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KENNETH SHORES, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On August 22, 2014, Kenneth Shores (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving influenza (“flu”) and pneumococcal vaccines on November 19, 2012,
he developed Guillain-Barré Syndrome (“GBS”). Petition at ¶ 1, 11. On April 13, 2015, the parties
notified the court that they have reached a tentative settlement and asked that the court issue a 15-
week stipulation order. See Stip. Order, filed Apr. 14, 2015. Respondent’s deadline to send a
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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)). As provided by Vaccine Rule
18(b), each party has 14 days within which to request redaction “of any information furnished by
that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00771-UNJ Document 36 Filed 08/05/15 Page 2 of 2
stipulation to petitioner for petitioner’s signature is set for July 27, 2015.
On July 10, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $22,335.65. Stip. for
Fees and Costs ¶ 5. Respondent does not object. Id. at ¶ 3. In accordance with General Order #9,
petitioner represents that he has incurred reimbursable costs in the amount of $12.62. Id. at ¶ 4.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300
aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
1) In the form of a check payable to petitioner only in the amount of $12.62;
2) In the form of a check jointly payable to petitioner and to petitioner’s attorney,
Alison H. Haskins, of Maglio Christopher & Toale, in the amount of $22,335.65.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00771-1
Date issued/filed: 2015-08-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/04/2015) regarding 34 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00771-UNJ Document 39 Filed 08/26/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-771V
Filed: August 4, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
KENNETH SHORES, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza Vaccine;
* Guillain-Barré Syndrome.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On August 22, 2014, Kenneth Shores (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving an influenza (“flu”) vaccine on November 19, 2012, he suffered
Guillain-Barré Syndrome (“GBS”). Stipulation ¶ 2, 4, filed August 3, 2015. Further, petitioner
alleged that he experienced residual effects of his injury for more than six months. Id. at ¶ 4.
On August 3, 2015, the parties filed a stipulation in which they state that a decision should
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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)). As provided by Vaccine Rule
18(b), each party has 14 days within which to request redaction “of any information furnished by
that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00771-UNJ Document 39 Filed 08/26/15 Page 2 of 7
be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s
GBS or any other injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached
hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
1) A lump sum of $170,000.00, in the form of a check payable to petitioner, Kenneth
Shores. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a); and
2) A lump sum of $13,046.30, for reimbursement to the State of Oregon Department
of Human Services for the Medicaid Lien, in the form of a check payable jointly
to petitioner and
Oregon Department of Human Services
Office of Payment Accuracy and Recovery
Attn: Mary Beth Pike
P.O. Box 14512
Salem, OR 97309-0416
Id. at ¶ 8.
The undersigned approves the requested amounts for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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