VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00815
Package ID: USCOURTS-cofc-1_14-vv-00815
Petitioner: Jihyun Park
Filed: 2014-09-04
Decided: 2016-05-02
Vaccine: influenza
Vaccination date: 2013-09-10
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 278900

AI-assisted case summary:
Jihyun Park filed a petition on September 4, 2014, alleging Guillain-Barré syndrome (GBS) resulting from an influenza vaccine received on September 10, 2013. The petition also alleged that her vaccine-related injuries lasted more than six months. The respondent denied that the influenza vaccination caused petitioner's GBS or any other injury or condition. The parties reached a settlement, and on September 21, 2015, a joint stipulation was filed agreeing to settle the case. Respondent agreed to pay petitioner a lump sum of $260,000.00, representing compensation for all damages available under the Vaccine Act. Chief Special Master Nora Beth Dorsey adopted the stipulation and awarded this compensation. Subsequently, on December 18, 2015, the parties filed a stipulation regarding attorneys' fees and costs, agreeing to an award of $18,900.91. On May 2, 2016, Chief Special Master Nora Beth Dorsey issued a decision awarding these fees and costs, making the total compensation $278,900.91. Petitioner was represented by Amber Wilson of Maglio Christopher and Toale, PA, and respondent was represented by Camille Collett of the U.S. Department of Justice.

Theory of causation field:
Jihyun Park alleged Guillain-Barré syndrome (GBS) resulting from an influenza vaccine received on September 10, 2013. The respondent denied causation. The parties reached a settlement, and a decision awarding compensation was issued on September 21, 2015, for a lump sum of $260,000.00. Subsequently, on December 18, 2015, the parties filed a stipulation regarding attorneys' fees and costs, agreeing to an award of $18,900.91. The Chief Special Master issued a decision on May 2, 2016, awarding these fees and costs, making the total compensation $278,900.91. The specific medical theory of causation, expert testimony, or mechanism of injury was not detailed in the provided public decisions, as the case was resolved by stipulation. Petitioner was represented by Amber Wilson, and respondent by Camille Collett. Chief Special Master Nora Beth Dorsey presided over the decisions.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00815-0
Date issued/filed: 2015-10-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/21/2015) regarding 32 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00815-UNJ Document 36 Filed 10/20/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-815V
Filed: September 21, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JIHYUN PARK, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza Vaccine or Flu Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Esq., Maglio Christopher and Toale, PA, (DC) Washington, DC, for
petitioner.
Camille Collett, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 4, 2014, Jihyun Park 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 she suffered Guillain-Barré
syndrome (GBS) resulting from the influenza vaccine she received on September 10,
2013. Petition, ¶¶ 2, 5, 11; see also Stipulation, filed Sept. 21, 2015, ¶¶ 2, 4. Petitioner
further alleges that her “vaccine related injuries have lasted more than six months.”
Petition, ¶ 12. Respondent denies that the influenza vaccination caused petitioner’s
GBS or any other injury or 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-00815-UNJ Document 36 Filed 10/20/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
September 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 $260,000.00 in the form of a
check payable to petitioner, Jihyun Park. 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/Nora Beth Dorsey
Nora Beth Dorsey
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

CCaassee 11::1144--vvvv--0000881155--UUNNJJ DDooccuummeenntt 3316 FFiilleedd 0190//2210//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000881155--UUNNJJ DDooccuummeenntt 3316 FFiilleedd 0190//2210//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000881155--UUNNJJ DDooccuummeenntt 3316 FFiilleedd 0190//2210//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000881155--UUNNJJ DDooccuummeenntt 3316 FFiilleedd 0190//2210//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000881155--UUNNJJ DDooccuummeenntt 3316 FFiilleedd 0190//2210//1155 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00815-1
Date issued/filed: 2016-05-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/21/2015) regarding 38 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00815-UNJ Document 41 Filed 05/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-815V
Filed: December 21, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JIHYUN PARK, *
*
Petitioner, *
v. * Attorney Fees and Costs; Stipulation
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On September 4, 2014, Jihyun Park filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., [the
“Vaccine Act” or “Program”]. Petitioner alleged that she suffered Guillain-Barré
syndrome (GBS) resulting from the influenza vaccine she received on September 10,
2013. Petition, ¶¶ 2, 5, 11. On September 21, 2015, a decision awarding
compensation to petitioner based on the parties’ stipulation was issued.
On December 18, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $18,900.91 for attorney’s fees and costs. In accordance with General Order
#9, petitioner’s counsel represented that petitioner incurred no out-of-pocket expenses.
Stipulation, ¶ 4.
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.

Case 1:14-vv-00815-UNJ Document 41 Filed 05/02/16 Page 2 of 2
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). The proposed amount is reasonable.
Accordingly, I award the total of $18,900.912 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Amber Wilson.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2 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).
3 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