VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00819
Package ID: USCOURTS-cofc-1_14-vv-00819
Petitioner: Denise Benton
Filed: 2014-09-05
Decided: 2016-04-25
Vaccine: influenza
Vaccination date: 2011-08-29
Condition: Guillain-Barre Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 228492.37

AI-assisted case summary:
Denise Benton filed a petition for compensation under the National Vaccine Injury Compensation Program on September 5, 2014, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of her August 29, 2011 influenza vaccination. She further alleged that she has suffered residual effects for over six months and has received no prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for compensation on December 2, 2015. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $193,000.00 for all damages, payable to petitioner. Additionally, a lump sum of $3,528.70 was awarded to reimburse a lien for services rendered, payable jointly to petitioner and the Ohio Tort Recovery Unit. A separate stipulation concerning attorneys' fees and costs was filed on December 23, 2015. The Special Master approved an award of $34,963.66 for attorneys' fees and costs, payable as a lump sum jointly to petitioner and her counsel, John Robert Howie, Jr. of Howie Law, P.C. The total compensation awarded was $231,492.37. The decision was issued by Chief Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner Denise Benton alleged that her August 29, 2011 influenza vaccination caused Guillain-Barre Syndrome (GBS). Respondent denied causation. The parties filed a joint stipulation for compensation, and the Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury onset or progression, or any specific medical tests or treatments. The award was based on a stipulation, not a finding of causation after litigation. Petitioner was awarded $193,000.00 for damages and $3,528.70 for a lien reimbursement, plus $34,963.66 for attorneys' fees and costs, totaling $231,492.37. The decision was issued by Chief Special Master Nora Beth Dorsey on April 25, 2016, based on stipulations filed on December 2, 2015, and December 23, 2015. Petitioner's counsel was John Robert Howie, Jr. of Howie Law, P.C., and respondent's counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00819-0
Date issued/filed: 2016-04-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/03/2015) regarding 40 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00819-UNJ Document 48 Filed 04/25/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-819V
Filed: December 3, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DENISE BENTON, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccination;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On September 5, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that she suffered Guillain-Barre Syndrome (“GBS”) as
a result of her August 29, 2011 influenza vaccination. Petition at 1; Stipulation, filed
December 2, 2015, ¶¶ 2, 4. Petitioner further alleges that she has suffered the residual
effects of this injury for over six months, and that she has received no prior award or
settlement of a civil action for this injury. Petition, ¶¶ 24, 26; Stipulation, ¶¶ 4-5.
“Respondent denies that petitioner’s alleged GBS and residual effects were caused-in-
fact by the flu vaccine. Respondent further denies that the flu vaccine caused petitioner
any other injury or her current condition. ” Stipulation, ¶ 6.
Nevertheless, on December 2, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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-00819-UNJ Document 48 Filed 04/25/16 Page 2 of 7
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 stipulated that petitioner shall receive the following compensation:
a. A lump sum of $193,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be
available under 42 U.S.C. §300aa-15(a), except as set forth in paragraph
8.b; and
b. A lump sum of $3,528.70, which amount represents reimbursement of a
lien for services rendered on behalf of petitioner, in the form of a check
payable jointly to petitioner and
Ohio Tort Recovery Unit
350 Worthington Rd., Suite G
Westerville, OH 43082
Case No. 1021578
Petitioner agrees to endorse this payment to the appropriate State
agency.
Stipulation, ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be 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-00819-1
Date issued/filed: 2016-05-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/23/2015) regarding 45 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00819-UNJ Document 49 Filed 05/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-819V
Filed: December 23, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
DENISE BENTON, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On September 5, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleged that she suffered Guillain-Barre Syndrome (“GBS”)
following receipt of her August 29, 2011 influenza vaccination.. On December 3, 2015,
the undersigned issued a decision awarding compensation to petitioner based on the
parties’ stipulation.
On December 23, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $34,963.66. 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, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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-00819-UNJ Document 49 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). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $34,963.663 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
John R. Howie, Jr. of Howie Law, P.C.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.