VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01008
Package ID: USCOURTS-cofc-1_14-vv-01008
Petitioner: William Moyer
Filed: 2015-08-26
Decided: 2016-05-03
Vaccine: influenza
Vaccination date: 2011-10-21
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 154500

AI-assisted case summary:
William Moyer filed a petition for compensation under the National Vaccine Injury Compensation Program on October 17, 2014, alleging that he suffered Guillain-Barre Syndrome (GBS) caused by an influenza vaccine administered on October 21, 2011. Mr. Moyer alleged that his vaccine was administered in the United States, that he experienced residual effects lasting more than six months, and that there had been no prior award or settlement for damages. The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. Despite the respondent's denial, the parties reached a settlement. On July 28, 2015, Chief Special Master Denise Kathryn Vowell adopted the parties' joint stipulation, awarding Mr. Moyer a lump sum of $135,000.00 for all damages. The decision noted that the public text does not describe the specific onset of symptoms, diagnostic tests, or treatments. Subsequently, on January 6, 2016, the parties filed a stipulation concerning attorneys' fees and costs. On May 3, 2016, Chief Special Master Nora Beth Dorsey approved the stipulation, awarding $18,704.25 in fees and costs to petitioner's counsel, Ramon Rodriguez, III, and $795.75 to Mr. Moyer for his out-of-pocket expenses. The total compensation awarded was $154,500.00. Petitioner was represented by Ramon Rodriguez, III of Rawls, McNelis and Mitchell, P.C. Respondent was represented by Julia Wernett McInerney of the U.S. Department of Justice.

Theory of causation field:
William Moyer filed a petition alleging Guillain-Barre Syndrome (GBS) caused by an influenza vaccine administered on October 21, 2011. The respondent denied causation. The parties reached a settlement, and compensation was awarded based on a joint stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The settlement included a lump sum of $135,000.00 for all damages, plus $18,704.25 in attorneys' fees and costs to petitioner's counsel, Ramon Rodriguez, III, and $795.75 in out-of-pocket expenses to the petitioner, for a total award of $154,500.00. The initial decision on damages was issued by Chief Special Master Denise Kathryn Vowell on July 28, 2015, and the decision on attorneys' fees and costs was issued by Chief Special Master Nora Beth Dorsey on May 3, 2016.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-01008-0
Date issued/filed: 2015-08-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/28/2015) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01008-UNJ Document 28 Filed 08/26/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1008V
Filed: July 28, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
WILLIAM MOYER, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza
* Guillain-Barre Syndrome (“GBS”)
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Julia Wernett McInerney, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
0F
Vowell, Chief Special Master:
On October 17, 2014, William Moyer filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
1F
“Vaccine Act” or “Program”]. Petitioner alleges that he suffered Guillain-Barre
Syndrome (“GBS”) caused by an influenza vaccine administered on October 21, 2011.
Stipulation, filed July 28, 2015, ¶ 4. Petitioner further alleges that his vaccine was
administered within the United States, that he has experienced residual effects lasting
more than six months, and that there has been no prior award or settlement for
damages as a result of his condition. Stipulation¶¶ 3-5. “Respondent denies that the flu
vaccine caused petitioner’s GBS 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-01008-UNJ Document 28 Filed 08/26/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
July 28, 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 $135,000.00 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
2F
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.

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01008-1
Date issued/filed: 2016-05-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/06/2016) regarding 33 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01008-UNJ Document 36 Filed 05/03/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1008V
Filed: January 6, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
WILLIAM MOYER, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, PC, Richmond, VA, for petitioner.
Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On October 17, 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 he suffered Guillain-Barre Syndrome (GBS)
following receipt of his October 21, 2011 influenza vaccination. On July 28, 2015, the
undersigned issued a decision awarding compensation to petitioner based on parties’
stipulation.
On January 6, 2016, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs.3 According to the stipulation, the parties stipulate to an award of
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).
3 Respondent initially filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs on January 4,
2016. (See ECF No. 31.) However, the undersigned ordered that stipulation stricken on January 6, 2016,

Case 1:14-vv-01008-UNJ Document 36 Filed 05/03/16 Page 2 of 2
$19,500.00, which includes $18,704.25 in fees and costs incurred by petitioner’s
counsel and $795.75 in costs incurred by petitioner. In accordance with General Order
#9, the stipulation represents that petitioner incurred $795.75 in out-of-pocket expenses.
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:
• $18,704.254 as a lump sum in the form of a check jointly payable to
petitioner and petitioner’s counsel Ramon Rodriguez, III; and
• $795.75 as a lump sum in the form of a check payable to petitioner.
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
because the stipulation erroneously included a statement that petitioner incurred no expenses when the
stipulation itself requested that petitioner be awarded $795.75 in costs. Respondent filed a second,
corrected, stipulation on January 6, 2015. (See ECF No. 32.) This decision is based on the second
Stipulation of Fact Concerning Attorneys’ Fees and Costs, filed on January 6, 2015.
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 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.