VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01055
Package ID: USCOURTS-cofc-1_14-vv-01055
Petitioner: Bruce A. Pederson
Filed: 2015-08-17
Decided: 2015-09-08
Vaccine: influenza
Vaccination date: 2011-10-31
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 196668

AI-assisted case summary:
Bruce A. Pederson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 17, 2015, alleging that an influenza vaccination on October 31, 2011, caused him to suffer from Guillain-Barre Syndrome (GBS). He further alleged that he experienced residual effects for more than six months and had not received any prior award or settlement for this injury. The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. Despite the denial, the parties reached a settlement. They filed a joint stipulation on August 14, 2015, agreeing to settle the case. The stipulation included an award of $175,000.00 for all damages and $21,668.68 for attorneys' fees and costs. Chief Special Master Denise Kathryn Vowell adopted the stipulation and awarded compensation in the agreed-upon amounts. Petitioner was represented by Kate Gerayne Westad of Lommen Abdo Law Firm, and respondent was represented by Julia Wernett McInerny of the U.S. Department of Justice.

Theory of causation field:
Petitioner Bruce A. Pederson alleged that an influenza vaccine administered on October 31, 2011, caused Guillain-Barre Syndrome (GBS). The respondent denied causation. The parties filed a joint stipulation agreeing to settle the case, with the respondent agreeing to pay $175,000.00 for all damages and $21,668.68 for attorneys' fees and costs. Chief Special Master Denise Kathryn Vowell adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01055-0
Date issued/filed: 2015-09-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/17/2015) regarding 25 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01055-UNJ Document 29 Filed 09/08/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1055V
Filed: August 17, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRUCE A. PEDERSON, *
*
Petitioner, * Joint Stipulation on Damages and
* Attorneys’ Fees and Costs;
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Guillain-Barre Syndrome (“GBS”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Kate Gerayne Westad, Lommen Abdo Law Firm, Minneapolis, MN, for petitioner.
Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION AWARDING DAMAGES AND ATTORNEYS’
FEES AND COSTS 1
Vowell, Chief Special Master:
On October 29, 2014, Bruce Pederson 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 as the result of an Influenza [“Flu”]
vaccination on October 31, 2011, he suffered from Guillain-Barre Syndrome [“GBS”].
Petition at 1-2; Stipulation, filed August 14, 2015, ¶¶ 2, 4. Petitioner further alleges 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. Petition, ¶¶ 4, 6; Stipulation, ¶¶ 4-5.
“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-01055-UNJ Document 29 Filed 09/08/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
August 14, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
The Stipulation also includes an award of attorneys’ fees and costs. Stipulation,
¶ 8(b). In accordance with General Order #9, petitioner’s counsel asserts that
petitioner incurred no out-of-pocket expenses. Id.
Respondent agrees to pay petitioner as follows:
a. A lump sum of $175,000.00 in the form of a check payable to petitioner.
Stipulation, ¶ 8(a). This amount represents compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a). Id.
b. A lump sum of $21,668.68 in the form of a check jointly payable to petitioner and
petitioner’s attorney, Kate Westad. Stipulation, ¶ 8(b). This amount represents
compensation for all legal expenses that would be available under 42 U.S.C. §
300aa-15(e). 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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