VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01036
Package ID: USCOURTS-cofc-1_14-vv-01036
Petitioner: David Weber
Filed: 2015-10-24
Decided: 2016-04-26
Vaccine: influenza
Vaccination date: 2014-02-17
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 196724

AI-assisted case summary:
David Weber filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on February 17, 2014. He claimed residual effects from the GBS for more than six months and stated he had received no prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Weber's GBS or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties reached a settlement. On September 28, 2015, they filed a joint stipulation agreeing to settle the case, with the respondent agreeing to pay Mr. Weber a lump sum of $175,556.00 as compensation for all damages. Subsequently, on December 7, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $21,168.68. The Chief Special Master adopted both stipulations, awarding a total of $196,724.00 to Mr. Weber, covering damages, attorneys' fees, and costs.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01036-0
Date issued/filed: 2015-10-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/28/2015) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01036-UNJ Document 37 Filed 10/29/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1036V
Filed: September 28, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DAVID WEBER, *
*
Petitioner, *
* Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Guillain-
SECRETARY OF HEALTH * Barré Syndrome (“GBS”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio, Christopher & Toale, PA, Washington, DC, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
DORSEY, Chief Special Master:
On October 24, 2014, David Weber (“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” or “Program”]. Petitioner alleged that he suffered from Guillain-
Barré syndrome (GBS) as a result of an influenza (flu) vaccination he received on
February 17, 2014. Petition at 1, 2; Stipulation, filed Sept. 28, 2015, ¶ 4. Petitioner
further alleged that he suffered the residual effects of this condition for more than six
months and that he has received no prior award or settlement for damages as a result
of her injury. Stipulation at 1, ¶¶4-5. “Respondent denies that the flu vaccine caused any
petitioner’s GBS, or any other injury, and denies that his current disabilities are sequelae of
a vaccine-related 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-01036-UNJ Document 37 Filed 10/29/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
September 28, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner the following:
a lump sum of $175,556.00, in the form of a check payable to petitioner, David
Weber. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
The undersigned adopts 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/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

Case 1:14-vv-01036-UNJ Document 37 Filed 10/29/15 Page 3 of 7

Case 1:14-vv-01036-UNJ Document 37 Filed 10/29/15 Page 4 of 7

Case 1:14-vv-01036-UNJ Document 37 Filed 10/29/15 Page 5 of 7

Case 1:14-vv-01036-UNJ Document 37 Filed 10/29/15 Page 6 of 7

Case 1:14-vv-01036-UNJ Document 37 Filed 10/29/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01036-1
Date issued/filed: 2016-04-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/07/2015) regarding 40 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01036-UNJ Document 43 Filed 04/26/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1036V
Filed: December 7, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
DAVID WEBER, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On October 24, 2015, 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 from Guillain-Barré syndrome (GBS)
as a result of an influenza (flu) vaccine he received on February 17, 2014. Petition at 1,
2. On September 28, 2015, the undersigned issued a decision awarding compensation
to petitioner based on the parties’ joint stipulation.
On December 7, 2015, the parties filed a Stipulation of Attorneys’ Fees and
Costs. According to the stipulation, the parties stipulate to an award of $21,168.68. In
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).
1

Case 1:14-vv-01036-UNJ Document 43 Filed 04/26/16 Page 2 of 2
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). 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 the total of $21,168.683 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Amber D. Wilson, Esquire.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 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.
2