VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00965
Package ID: USCOURTS-cofc-1_14-vv-00965
Petitioner: Matthew Thornton
Filed: 2014-10-09
Decided: 2015-07-23
Vaccine: influenza
Vaccination date: 2011-10-22
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Matthew Thornton filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2014, alleging that an influenza vaccination on October 22, 2011, caused him to suffer from Guillain-Barre Syndrome (GBS). He further alleged residual effects for more than six months and no prior award or settlement. Respondent denied that the flu immunization caused his GBS or any other injury. The parties reached a settlement, and on July 23, 2015, the Chief Special Master issued a decision awarding compensation based on a joint stipulation. Respondent agreed to pay petitioner a lump sum of $50,000.00 for all damages. Additionally, on July 14, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $9,598.28. The court found this amount reasonable and awarded it as a lump sum, jointly payable to the petitioner and his counsel.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00965-0
Date issued/filed: 2015-08-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/23/2015) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00965-UNJ Document 24 Filed 08/17/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-965V
Filed: July 23, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MATTHEW THORNTON, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Guillain-Barre
* Syndrome (“GBS”); Special Processing
SECRETARY OF HEALTH * Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Rudolph Massa, Massa Law Group, P.C., Pittsburgh, PA, for petitioner.
Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On October 9, 2014, Matthew Thornton 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 as the result of an Influenza [“Flu”]
vaccination on October 22, 2011, he suffered from Guillain-Barre Syndrome [“GBS”].
Petition at 7; Stipulation, filed July 22, 2015, ¶¶ 2, 4. Petitioner further alleged that he
experienced the residual effects of his injury for more than six months, and has received
no prior award or settlement for this injury. Stipulation, ¶¶ 4-5. “Respondent denies that
the flu immunization is the cause of petitioner’s alleged GBS and/or any other injury.”
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-00965-UNJ Document 24 Filed 08/17/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
July 22, 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 $50,000.00 in the form of a
check payable to petitioner. 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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Case 1:14-vv-00965-UNJ Document 24 Filed 08/17/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00965-1
Date issued/filed: 2015-08-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/23/2015) regarding 23 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00965-UNJ Document 25 Filed 08/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-965V
Filed: July 23, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MATTHEW THORNTON, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Rudolph L. Massa, Massa Law Group, PC, Pittsburgh, PA, for petitioner.
Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On October 9, 2014, Matthew Thornton 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 as a result of an influenza [“flu”]
vaccination on October 22, 2011, he suffered Guillain-Barre Syndrome [“GBS”]. Petition
at 7. On July 23, 2015, I issued a decision awarding compensation to petitioner based
on the parties’ stipulation.
On July 14, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties agree upon an award of
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 (2012).

Case 1:14-vv-00965-UNJ Document 25 Filed 08/17/15 Page 2 of 2
$9,598.28. In accordance with General Order #9, petitioner’s counsel represents that
petitioner incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total of $9,598.283 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Rudolph L. Massa.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
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 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