VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00846
Package ID: USCOURTS-cofc-1_14-vv-00846
Petitioner: Kory Brimmer
Filed: 2015-09-18
Decided: 2016-03-23
Vaccine: influenza
Vaccination date: 2013-10-10
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 550832

AI-assisted case summary:
Kory Brimmer filed a petition on September 12, 2014, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 10, 2013, and that his vaccine-related injuries lasted more than six months. The respondent denied that the influenza vaccination caused petitioner's GBS or any other injury. The parties subsequently reached a settlement agreement. On August 21, 2015, a decision was issued awarding compensation based on a joint stipulation. The settlement included a lump sum payment of $534,427.87 to petitioner Kory Brimmer for all damages. Later, on November 19, 2015, the parties filed a stipulation regarding attorneys' fees and costs. A decision on March 23, 2016, issued by Chief Special Master Nora Beth Dorsey, awarded $16,404.46 for attorney's fees and costs. This amount was to be paid as a lump sum, jointly to the petitioner and his counsel, Amber Wilson of Maglio Christopher and Toale, PA. The total compensation awarded in this case was $550,832.33 ($534,427.87 for damages plus $16,404.46 for fees and costs). The initial decision awarding damages was signed by Chief Special Master Denise Kathryn Vowell.

Theory of causation field:
Petitioner Kory Brimmer alleged that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 10, 2013. Respondent denied causation. The parties reached a settlement, and compensation was awarded. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The case was resolved via stipulation. On August 21, 2015, Chief Special Master Denise Kathryn Vowell issued a decision awarding a lump sum of $534,427.87 for all damages. On March 23, 2016, Chief Special Master Nora Beth Dorsey awarded $16,404.46 for attorney's fees and costs, paid jointly to petitioner and counsel Amber Wilson. Total award: $550,832.33.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00846-0
Date issued/filed: 2015-09-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/21/2015) regarding 28 DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00846-UNJ Document 34 Filed 09/18/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-846V
Filed: August 21, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KORY BRIMMER, *
* Joint Stipulation on Damages;
Petitioner, * Influenza Vaccine or Flu Vaccine;
v. * Guillain-Barré Syndrome (“GBS”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Esq., Maglio Christopher and Toale, PA, (DC) Washington, DC, for
petitioner.
Claudia B. Gangi, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On September 12, 2014, Kory Brimmer 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 October 10, 2013. Petition,
¶¶ 2, 5-9; see also Stipulation, filed Aug. 21, 2015, ¶¶ 2, 4. Petitioner further alleges
that his “vaccine related injuries have lasted more than six months.” Petition, ¶ 10.
Respondent denies that the influenza vaccination caused petitioner’s GBS, any other
injury, or his current disabilities. 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-00846-UNJ Document 34 Filed 09/18/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
August 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 $534,427.87 in the form of a
check payable to petitioner, Kory Brimmer. 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--0000884466--UUNNJJ DDooccuummeenntt 2374 FFiilleedd 0089//2118//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000884466--UUNNJJ DDooccuummeenntt 2374 FFiilleedd 0089//2118//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00846-1
Date issued/filed: 2016-03-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/19/2015) regarding 37 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00846-UNJ Document 40 Filed 03/23/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-846V
Filed: November 19, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KORY BRIMMER, *
*
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.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On September 12, 2014, Kory Brimmer 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 October 10, 2013. Petition,
¶¶ 2, 5-9; see also Stipulation, filed Aug. 21, 2015, ¶¶ 2, 4. On August 21, 2015, a
decision awarding compensation to petitioner based on the parties’ stipulation was
issued.
On November 19, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
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-00846-UNJ Document 40 Filed 03/23/16 Page 2 of 2
award of $16,404.46 for attorney’s fees and costs. In compliance with General Order
#9, petitioner filed a statement indicating petitioner incurred no out-of-pocket expenses
in this case.3
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 $16,404.464 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Amber Wilson. Per
petitioner’s request, the check should be sent to Maglio Christopher & Toale, PA,
1605 Main Street, Suite 710, Sarasota Florida 34236. See Stipulation, ¶ 6.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner’s counsel also represented that petitioner incurred no out-of-pocket expenses. Stipulation, ¶
4.
4 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).
5 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