VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01137
Package ID: USCOURTS-cofc-1_14-vv-01137
Petitioner: Robert Handeyside
Filed: 2015-02-18
Decided: 2015-03-11
Vaccine: 
Vaccination date: 2011-09-01
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 1713

AI-assisted case summary:
Robert Handeyside filed a petition on February 18, 2015, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of receiving a series of vaccination shots in September 2011. The petition was initially filed pro se. On January 21, 2015, Scott William Rooney entered an appearance as counsel for the petitioner. On February 18, 2015, the parties filed a Stipulation of Facts Regarding Interim Attorney Fees and Costs. The respondent did not object to the requested amount of $1,712.70 for interim attorney's fees and costs. Petitioner's attorney represented that the petitioner was not seeking interim out-of-pocket expenses at that time. Special Master Nora Beth Dorsey found that the petitioner was entitled to an award of interim attorney's fees and costs under the circumstances of the case, citing Butler v. Sec'y, HHS and Shaw v. Sec'y, HHS. The Special Master adopted the stipulation as the court's decision. An award of $1,713 was granted for interim attorney's fees and costs, payable jointly to the petitioner and his attorney, Scott William Rooney. The public decision does not describe the specific vaccines administered, the exact date of vaccination, the petitioner's age at vaccination, the specific symptoms or onset of GBS, any diagnostic tests performed, or any treatments received. The case proceeded as a Table claim, and the parties stipulated to the award amount.

Theory of causation field:
Petitioner Robert Handeyside alleged Guillain-Barre Syndrome (GBS) following a series of vaccination shots in September 2011. The case was filed as a Table claim. The parties filed a stipulation regarding interim attorney's fees and costs, and the respondent did not object to the requested amount of $1,712.70. Special Master Nora Beth Dorsey awarded $1,713 for interim attorney's fees and costs, payable jointly to the petitioner and his attorney, Scott William Rooney. The public decision does not detail the specific vaccines, the mechanism of injury, expert testimony, or the specific reasoning for entitlement to compensation beyond the stipulation for interim fees and costs.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01137-0
Date issued/filed: 2015-03-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/18/2015) regarding 14 DECISION Interim Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01137-UNJ Document 19 Filed 03/11/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1137V
Filed: February 18, 2015
*************************************
ROBERT HANDEYSIDE, * UNPUBLISHED
*
Petitioner, * Special Master Dorsey
*
v. *
* Interim Attorney Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to
AND HUMAN SERVICES, * Which Respondent does not Object.
*
Respondent. *
*************************************
Scott William Rooney, Nemes, Rooney, P.C., Farmington Hills, MI, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON INTERIM ATTORNEY’S FEES AND COSTS1
On November 21, 2014, Robert Handeyside (“petitioner”) filed a petition pro se for
compensation pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§
300aa-1 to -34 (2006).2 Petitioner alleged that, as a result of receiving “a series of vaccination
shots” in September 2011, he suffered from Guillain-Barre Syndrome (GBS). On January 21,
2015, Mr. Rooney entered a consent motion to substitute as counsel, which was subsequently
granted.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which
to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted
invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-01137-UNJ Document 19 Filed 03/11/15 Page 2 of 2
On February 18, 2015, the parties filed a Stipulation of Facts Regarding Interim Attorney
Fees and Costs, stating that under the circumstances in this case, respondent does not object to
the $1,712.70, being sought for interim attorney’s fees and costs. In compliance with General
Order #9, petitioner’s attorney represents that petitioner is not seeking interim out-of-pocket
expenses at this time.
The undersigned finds that petitioner is entitled to an award of interim attorney’s fees and
costs under the unique facts and circumstances of this case. See Butler v. Sec’y, HHS, No. 02-
1051, 2012 WL 4458203 (Fed. Cl. Spec. Mstr. June 25, 2012) (awarding interim attorneys’ fees
and costs over respondent’s objection); Shaw v, Sec’y, HHS, 609 F.3d 1372, 1375 (Fed. Cir.
2010) (holding that “[w]here the claimant establishes that the cost of litigation has imposed an
undue hardship and that there exists a good faith basis for the claim, it is proper for the special
master to award interim attorneys’ fees”). The undersigned finds that the stipulation is
reasonable and adopts it as the decision of the Court in awarding interim costs, on the terms set
forth therein.
Accordingly, the undersigned hereby awards the total of $1,712.70, issued in the
form of a check payable jointly to petitioner and petitioner’s attorney, Scott William
Rooney, for interim attorney’s fees and costs.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01137-1
Date issued/filed: 2015-03-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/04/2015) regarding 18 Order Concluding Proceedings Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-01137-UNJ Document 20 Filed 03/25/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: March 4, 2015)
UNPUBLISHED
* * * * * * * * * * * * * * *
ROBERT HANDEYSIDE, *
* No. 14-1137V
Petitioner, *
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Dismissal Under Vaccine Rule 21(a);
AND HUMAN SERVICES, * Joint Stipulation to Dismiss.
*
Respondent. *
*
* * * * * * * * * * * * * * *
Scott William Rooney, Nemes, Rooney, P.C., Farmington Hills, MI, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, D.C., for respondent.
ORDER CONCLUDING PROCEEDINGS1
On November 21, 2014, Robert Handeyside (“petitioner”) filed a petition pro se for
compensation pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§
300aa-1 to -34 (2006).2 Petitioner alleged that, as a result of receiving “a series of vaccination
shots” in September 2011, he suffered from Guillain-Barre Syndrome (GBS). On January 21,
2015, Mr. Rooney entered a consent motion to substitute as counsel, which was subsequently
1 Because this unpublished order concluding proceedings contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this decision on the website of
the United States Court of Federal Claims, in accordance with the E-Government Act of 2002,
Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b),
each party has 14 days within which to request redaction “of any information furnished by that
party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire
decision will be available to the public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-01137-UNJ Document 20 Filed 03/25/15 Page 2 of 2
granted. On February 25, 2015, the parties filed a Joint Stipulation of Dismissal requesting that
the action be dismissed.3
Accordingly, pursuant to Vaccine Rule 21(a) the above-captioned case is hereby
dismissed without prejudice. The Clerk of the Court is hereby instructed that a judgment shall
not enter in the instant case pursuant to Vaccine Rule 21(a).
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Although the parties filed the stipulation requesting that a decision dismissing the case be
issued with prejudice, the undersigned’s chambers contact the parties to advise that under
Vaccine Rule 21(a), an order concluding proceedings would be issued, dismissing the case
without prejudice. While counsel for respondent preferred that the case be dismissed with
prejudice, counsel did not object to having the case dismissed without prejudice. Counsel for
petitioner also had no objection to dismissing the case without prejudice.
2