VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00072
Package ID: USCOURTS-cofc-1_15-vv-00072
Petitioner: Leslie Hammond
Filed: 2015-01-26
Decided: 2016-05-03
Vaccine: influenza
Vaccination date: 2013-09-19
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 22241

AI-assisted case summary:
Leslie Hammond filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2015, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 19, 2013. The petition stated that the vaccination occurred in the United States, that the effects of the injury lasted more than six months, and that no prior compensation had been received for the injury. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr. Hammond's GBS or any other injury. Despite these opposing positions, the parties reached a joint stipulation for damages, which was filed on December 10, 2015. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The stipulation provided for a lump sum payment of $200,000.00, payable to Mr. Hammond. Additionally, an amount sufficient to purchase an annuity contract was to be paid to a life insurance company. This annuity would provide payments of $5,677.70 per month for life. The parties also stipulated to an award of attorneys' fees and costs in the amount of $22,241.44, which was approved by Chief Special Master Dorsey in a separate decision on May 3, 2016. The total award, including the lump sum, annuity, and fees, was structured to compensate for all damages available under the Vaccine Act. The case was resolved through these stipulations, with judgment to be entered in accordance with the agreements. Petitioner counsel was Lawrence Cohan of Anapol Weiss, and respondent counsel was Christine Becer of the U.S. Department of Justice.

Theory of causation field:
Leslie Hammond filed a petition alleging Guillain-Barré Syndrome (GBS) following an influenza vaccination on September 19, 2013. The respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees. The stipulation was adopted by Chief Special Master Nora Beth Dorsey. The award included a $200,000.00 lump sum, an annuity providing $5,677.70 per month for life, and $22,241.44 for attorneys' fees and costs. The case was resolved via stipulation, and the public decision does not detail specific medical experts, clinical findings, or a detailed mechanism of injury beyond the general inclusion of influenza vaccine and GBS in the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00072-0
Date issued/filed: 2016-04-27
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 12/10/2015) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00072-UNJ Document 31 Filed 04/27/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-72V
Filed: December 10, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LESLIE HAMMOND, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Christine Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 26, 2015, Leslie Hammond (“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 alleges that he suffered Guillain-
Barré Syndrome (“GBS”) after receiving the influenza vaccine on September 19, 2013.
Petition at 1; see also Stipulation, filed Dec. 10, 2015, ¶¶ 1-2, 4. Petitioner further
alleges that he received the vaccination in the United States, that he has suffered the
effects of his injury for more than six month, and that he has not received compensation
for his vaccine related injury. Petition, ¶¶ 3, 23, 25-26; see also Stipulation ¶¶ 3, 5.
“Respondent denies that the influenza vaccine caused petitioner to suffer from GBS or
any other injury.” Stipulation, ¶ 6.
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).

Case 1:15-vv-00072-UNJ Document 31 Filed 04/27/16 Page 2 of 9
Nevertheless, on December 10, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
a. A lump sum of $200,000.00, in the form of a check payable to petitioner.
b. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the attached stipulation, paid to the life insurance
company from which the annuity will be purchased.
Stipulation, 8. This amount represents compensation for all items of damages that
would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 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

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
LESLIE HAMMOND, )
)
Petitioner, )
v. )
) No. 15-72V
SECRETARY OF HEALTH ) Chief Special Master Dorsey
AND HUMAN SERVICES )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Leslie Hammond, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of an influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”),
42 C.F.R. § 100.3 (a).
2. Petitioner received the influenza vaccination on September 19, 2013.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”) as a result of
receiving the influenza vaccine.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition.
6. Respondent denies that the influenza vaccine caused petitioner to suffer from GBS or
any other injury.

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7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $200,000.00, in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42 U.S.C.
§300aa-15(a), except as set forth in paragraph 8.b.;
b. An amount sufficient to purchase the annuity contract described in paragraph 10
below, paid to the life insurance company from which the annuity will be purchased
(the “Life Insurance Company”).
9. The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
10. The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life Insurance Company for the benefit of petitioner, Leslie Hammond, pursuant to
which the Life Insurance Company will agree to make payments periodically to Leslie
Hammond for all remaining damages that would be available under 42 U.S.C. §300aa-15(a), as
2

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follows:
Beginning as soon as practicable after the date of judgment, $5,677.70 per month for life
only.
The payments provided for in this paragraph 10 shall be made as set forth above. Petitioner will
continue to receive the annuity payments from the Life Insurance Company only so long as he,
Leslie Hammond, is alive at the time that a particular payment is due. Written notice shall be
provided to the Secretary of Health and Human Services and the Life Insurance Company within
twenty (20) days of Leslie Hammond’s death.
11. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 12 herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
Human Services and the United States of America are released from any and all obligations with
respect to future annuity payments.
12. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
13. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
3

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under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
14. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 12 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),
subject to the availability of sufficient statutory funds.
15. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation either immediately or as part of the annuity contract, will be used
solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-
15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
16. In return for the payments described in paragraphs 8 and 12, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300 aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccination administered on September 19,
4

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2013, as alleged by petitioner in a petition for vaccine compensation filed on or about January
26, 2015, in the United States Court of Federal Claims as petition No. 15-72V.
17. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
18. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
19. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 12 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
20. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in
this case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
21. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner to suffer
from GBS or any other injury.
5

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22. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
/
/
/
/
/
/
/
6

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00072-1
Date issued/filed: 2016-05-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/06/2016) regarding 28 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00072-UNJ Document 32 Filed 05/03/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0072V
Filed: January 6, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
LESLIE HAMMOND, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Esq., Anapol Schwartz, Philadelphia, PA, for petitioner.
Christine M. Becer, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On January 26, 2015, Leslie Hammond (“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-
Barré Syndrome (“GBS”) after receiving the influenza vaccine on September 19, 2013.
Petition at 1. On December 10, 2015, the undersigned issued a decision awarding
compensation to petitioner based on the parties’ stipulation.
On January 6, 2016, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to an award to
petitioner of attorneys’ fees and costs in the amount of $22,241.44. In accordance with
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 1:15-vv-00072-UNJ Document 32 Filed 05/03/16 Page 2 of 2
General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-
pocket expenses. Stipulation, filed Jan. 6, 2016, at ¶ 4.
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 $22,241.44,3 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel,
Lawrence R. Cohan.
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 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