VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00974
Package ID: USCOURTS-cofc-1_14-vv-00974
Petitioner: James Bergeron
Filed: 2015-04-06
Decided: 2015-04-06
Vaccine: influenza
Vaccination date: 2013-10-04
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 425000

AI-assisted case summary:
James Bergeron filed a petition on April 6, 2015, alleging that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on October 4, 2013. He further alleged that he experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Bergeron's alleged CIDP or any other injury. Despite the respondent's denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Mr. Bergeron $425,000.00 as compensation for all damages. This award was to be paid in the form of a check made payable to the petitioner. Separately, on April 6, 2015, Special Master Laura D. Millman issued a decision regarding attorneys' fees and costs. The parties had filed a stipulation of facts agreeing on an appropriate amount. Petitioner asserted that he did not incur any costs. After discussions where the respondent raised objections to certain aspects of the petitioner's application, the petitioner amended the application to $17,299.24. The respondent did not object to this revised amount. Special Master Millman found this amount to be reasonable and awarded $17,299.24 for attorneys' fees and costs. This award was to be paid in the form of a check payable jointly to the petitioner and Maglio, Christopher & Toale, P.A. The total compensation awarded to Mr. Bergeron was $442,299.24. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Alison H. Haskins, and respondent was represented by Gordon E. Shemin.

Theory of causation field:
Petitioner alleged that his chronic inflammatory demyelinating polyneuropathy (CIDP) was caused by an influenza vaccine received on October 4, 2013, and that he experienced residual effects for over six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. The public decision does not detail the specific medical mechanism of causation, expert testimony, or the evidence considered in reaching the stipulation. The case was resolved via stipulation, resulting in an award of $425,000.00 for all damages and $17,299.24 for attorneys' fees and costs, totaling $442,299.24. Special Master Laura D. Millman issued the decisions on April 6, 2015. Petitioner's counsel was Alison H. Haskins, and respondent's counsel was Gordon E. Shemin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00974-0
Date issued/filed: 2015-04-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/06/2015) regarding 17 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00974-UNJ Document 24 Filed 04/27/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-974V
Filed: April 6, 2015
Not for Publication
*************************************
JAMES BERGERON, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; chronic
* inflammatory demyelinating polyneuropathy
SECRETARY OF HEALTH * (CIDP)
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Alison H. Haskins, Sarasota, FL, for petitioner.
Gordon E. Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On April 3, 2015, the parties filed the attached stipulation in which they agreed to settle this
case and described the settlement terms. Petitioner alleges that he suffered from chronic
inflammatory demyelinating polyneuropathy (“CIDP”) that was caused by his receipt of influenza
(“flu”) vaccine on October 4, 2013. He further alleges that he experienced the residual effects of
this injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s
alleged CIDP and/or any other injury. Nonetheless, the parties agreed to resolve this matter
informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:14-vv-00974-UNJ Document 24 Filed 04/27/15 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$425,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $425,000.00 made payable to
petitioner.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: April 6, 2015 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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Case 1:14-vv-00974-UNJ Document 24 Filed 04/27/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00974-1
Date issued/filed: 2015-04-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/06/2015) regarding 18 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00974-UNJ Document 25 Filed 04/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-974V
Filed: April 6, 2015
Not for Publication
*************************************
JAMES BERGERON, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of facts
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Alison H. Haskins, Sarasota, FL, for petitioner.
Gordon E. Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On April 3, 2015, the parties filed a stipulation of facts in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with General Order #9, petitioner asserts that he did not incur any costs in
pursuit of his petition. Petitioner submitted his request for attorneys’ fees and costs to
respondent. During informal discussions, respondent raised objections to certain aspects of
petitioner’s application. Based on these objections, petitioner amends his application for
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:14-vv-00974-UNJ Document 25 Filed 04/27/15 Page 2 of 2
attorneys’ fees and costs to $17,299.24. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $17,299.24,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Maglio, Christopher & Toale, P.A. for $17,299.24.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: April 6, 2015 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2