VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00885
Package ID: USCOURTS-cofc-1_14-vv-00885
Petitioner: Joseph Lee Duran
Filed: 2015-10-02
Decided: 2015-11-13
Vaccine: influenza
Vaccination date: 2013-11-12
Condition: Guillain Barre Syndrome
Outcome: compensated
Award amount USD: 359900

AI-assisted case summary:
Joseph Lee Duran filed a petition for compensation under the National Vaccine Injury Compensation Program on October 2, 2015, alleging that an influenza vaccination on November 12, 2013, caused him to suffer from Guillain Barre Syndrome (GBS). He claimed residual effects for more than six months and no prior award or settlement. The respondent denied that the flu vaccine caused his GBS or any other injury. Despite the denial, the parties filed a joint stipulation to settle the case. The settlement included a lump sum of $8,266.77 to satisfy a Medicaid lien payable to petitioner and Optum, $335,000.00 for remaining damages payable to petitioner, and $18,625.16 for attorneys' fees and costs payable jointly to petitioner and petitioner's attorney, Jeffrey S. Pop. Chief Special Master Nora Beth Dorsey adopted the stipulation and awarded compensation accordingly. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Joseph Lee Duran alleged that an influenza vaccine administered on November 12, 2013, caused Guillain Barre Syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation to settle the case. The public decision does not detail the specific theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused the GBS. The settlement award included $8,266.77 for a Medicaid lien, $335,000.00 for damages, and $18,625.16 for attorneys' fees and costs. The decision was issued by Chief Special Master Nora Beth Dorsey on November 13, 2015. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Claudia Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00885-0
Date issued/filed: 2015-11-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/02/2015) regarding 34 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer,, (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00885-UNJ Document 38 Filed 11/13/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-885V
Filed: October 2, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSEPH LEE DURAN, *
*
Petitioner, * Joint Stipulation on Damages;
* Attorneys’ Fees and Costs;
* Influenza (“Flu”) Vaccine; Guillain
* Barre Syndrome (“GBS”); Special
SECRETARY OF HEALTH * Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION AWARDING DAMAGES AND ATTORNEYS’
FEES AND COSTS 1
Dorsey, Chief Special Master:
On September 22, 2014, Joseph Lee Duran 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 as the result of an
influenza [“flu”] vaccination on November 12, 2013, he suffered from Guillain Barre
Syndrome [“GBS”]. Petition, at 1; Stipulation, filed October 1, 2015, ¶¶ 2, 4. Petitioner
further alleges that he experienced the residual effects of this injury for more than six
months, and that he has received no prior award or settlement for this injury. Petition, ¶¶
14, 16; Stipulation, ¶ 5. “Respondent denies that the flu vaccine caused petitioner’s
alleged 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 (2012).

Case 1:14-vv-00885-UNJ Document 38 Filed 11/13/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
October 1, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
The Stipulation also includes an award of attorneys’ fees and costs. Stipulation,
¶ 8(c). In accordance with General Order #9, petitioner’s counsel asserts that
petitioner incurred no out-of-pocket expenses. Id.
Respondent agrees to pay petitioner as follows:
a. A lump sum of $8,266.77 in the form of a check payable to
petitioner and Optum, 75 Remittance Drive, Suite 6019, Chicago,
Illinois 60675-6019. Petitioner agrees to endorse this payment to
Optum. This amount represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State
of Illinois may have against any individual as a result of any
Medicaid payments the State of Illinois has made to or on behalf
of Joseph Lee Duran from the date of his eligibility for benefits
through the date of judgement in this case as a result of his alleged
vaccine-related injury suffered on or about November 20, 2013,
under Title XIX of the Social Security Act;
b. A lump sum of $335,000.00 in the form of a check payable to
petitioner. This amount represents compensation for all
remaining damages that would be available under 42 U.S.C.
§300aa-15(a); and
c. A lump sum of $18,625.16 in the form of a check jointly payable
to petitioner and petitioner's attorney, Jeffrey S. Pop, for
attorneys' fees and costs available under 42 U.S.C. § 300aa-
15(e), and, in compliance with General Order #9, no out-of-pocket
expenses were incurred by petitioner in proceeding on the petition.
Stipulation, ¶ 8.
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
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 each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

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