VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01039
Package ID: USCOURTS-cofc-1_14-vv-01039
Petitioner: Barbara Verdick
Filed: 2014-10-27
Decided: 2015-09-02
Vaccine: influenza
Vaccination date: 2011-10-17
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 141188

AI-assisted case summary:
Barbara Verdick filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine she received on October 17, 2011. She claimed to have experienced residual effects of GBS for more than six months and continued to suffer from the injury. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused her GBS or any other injury. Despite the denial, the parties reached a settlement. On June 25, 2015, they filed a joint stipulation agreeing to settle the case, with the respondent agreeing to pay Ms. Verdick a lump sum of $125,000.00 as compensation for all damages. Subsequently, on August 5, 2015, the parties filed another stipulation regarding attorneys' fees and costs, agreeing to an award of $16,188.45. The Chief Special Master adopted both stipulations, awarding a total of $141,188.45 to Ms. Verdick, which included compensation for her injury and her legal expenses.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01039-0
Date issued/filed: 2015-07-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/25/2015) regarding 27 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01039-UNJ Document 31 Filed 07/27/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1039V
Filed: June 25, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BARBARA VERDICK, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza Vaccine or Flu Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”);
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Esq., Howie Law, P.C., Dallas, TX, for petitioner.
Alexis Babcock, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On October 27, 2014, Barbara Verdick 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 she suffered Guillain-Barré
syndrome (GBS) resulting from the influenza vaccine she received on October 17,
2011. Petition at 1, ¶ 19; Stipulation, filed June 25, 2015, ¶¶ 2, 4. Petitioner further
alleges that she experienced the residual effects of GBS for more than six months and
continues to suffer the effects of her injury. Petition, ¶¶ 17-18; Stipulation, ¶ 4.
Respondent denies that the influenza vaccination 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 (2006).

Case 1:14-vv-01039-UNJ Document 31 Filed 07/27/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
June 25, 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 $125,000.00 in the form of a
check payable to petitioner, Barbara Verdick. 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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CCaassee 11::1144--vvvv--0011003399--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0067//2257//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0011003399--UUNNJJ DDooccuummeenntt 2361 FFiilleedd 0067//2257//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01039-1
Date issued/filed: 2015-09-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/11/2015) regarding 33 DECISION Fees Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01039-UNJ Document 36 Filed 09/02/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1039V
Filed: August 11, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BARBARA VERDICK, *
*
Petitioner, * Attorney Fees and Costs; Stipulation;
* Special Processing Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Esq., Howie Law, P.C., Dallas, TX, for petitioner.
Alexis Babcock, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On October 27, 2014, Barbara Verdick 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 she suffered Guillain-Barré
syndrome (“GBS”) resulting from the influenza vaccine she received on October 17,
2011. Petition at 1, ¶ 19. On June 25, 2015, I issued a decision awarding
compensation to petitioner based on the parties’ joint stipulation.
On August 5, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties agree upon an award of
$16,188.45. In accordance with General Order #9, petitioner’s counsel represents that
petitioner incurred no out-of-pocket expenses.
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-01039-UNJ Document 36 Filed 09/02/15 Page 2 of 2
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 $16,188.453 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, John. R. Howie Jr. of
Howie Law, P.C.
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