VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00170
Package ID: USCOURTS-cofc-1_15-vv-00170
Petitioner: Thaddee Michaud
Filed: 2015-09-29
Decided: 2015-10-22
Vaccine: influenza
Vaccination date: 2013-10-02
Condition: Guillian-Barré Syndrome
Outcome: compensated
Award amount USD: 160000

AI-assisted case summary:
Thaddee Michaud filed a petition on February 23, 2015, alleging that he developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on October 2, 2013. He further alleged that he experienced residual effects of the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's GBS or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation agreeing to an award of compensation. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable. The stipulation provided for a lump sum payment of $160,000.00 to Thaddee Michaud for all damages. The court approved this stipulation and awarded the compensation. Subsequently, on October 26, 2015, the parties filed another stipulation concerning attorneys' fees and costs. Petitioner requested a total award of $23,216.08 for attorneys' fees and costs, and the respondent did not object. Special Master Gowen granted this request, ordering that a check be issued jointly payable to Thaddee Michaud and his attorney, Alison H. Haskins of Maglio Christopher & Toale, P.A., in the amount of $23,216.08. The clerk of the court was directed to enter judgment in accordance with the terms of both stipulations. The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests performed, or treatments received. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Thaddee Michaud alleged that an influenza vaccine administered on October 2, 2013, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent denied causation. The parties entered into a joint stipulation for compensation, agreeing to a lump sum award of $160,000.00 for all damages. Attorneys' fees and costs were subsequently stipulated at $23,216.08, jointly payable to the petitioner and his counsel, Alison H. Haskins. Special Master Thomas L. Gowen approved both stipulations. The public decision does not detail the specific medical experts, the proposed mechanism of causation, or the evidence considered beyond the stipulation. The theory of causation is based on the petitioner's allegation and the parties' agreement to compensate, rather than a detailed finding of fact or expert medical opinion presented in the public decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00170-0
Date issued/filed: 2015-10-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/29/2015) regarding 17 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:15-vv-00170-UNJ Document 21 Filed 10/22/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-170V
Filed: September 29, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
THADDEE MICHAUD, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Linda S. Renzi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On February 23, 2015, Thaddee Michaud (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner
alleged that as a result of receiving an influenza (“flu”) vaccine on October 2, 2013, he suffered
Guillian-Barré Syndrome (“GBS”). Stipulation ¶ 2, 4, filed Sep. 29, 2015. Further, petitioner
alleged that he experienced residual effects of his injury for more than six months. Id. at ¶ 4.
On September 29, 2015, the parties filed a stipulation in which they state that a decision
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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, § 205, 116 Stat.
2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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).
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 1:15-vv-00170-UNJ Document 21 Filed 10/22/15 Page 2 of 7
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s GBS or any other injury, and denies that his current disabilities are sequelae of a
vaccine-related injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached
hereto as Appendix A. 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 stipulate that petitioner shall receive the following compensation:
A lump sum of $160,000.00, in the form of a check payable to petitioner, Thaddee
Michaud. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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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Case 1:15-vv-00170-UNJ Document 21 Filed 10/22/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00170-1
Date issued/filed: 2015-11-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/29/2015) regarding 24 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:15-vv-00170-UNJ Document 27 Filed 11/23/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-170V
Filed: October 29, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
THADDEE MICHAUD, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Attorneys’ Fees and Costs.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher & Toale, P.A., Sarasota, FL, for petitioner.
Linda S. Renzi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On February 23, 2015, Thaddee Michaud (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner
alleged that as a result of receiving an influenza vaccine on October 2, 2013, he developed
Guillain-Barré Syndrome. Petition at ¶ 1, 3, docket no. 1, filed Feb. 23, 2015. On September 29,
2015, the parties filed a stipulation in which they agreed to an award of compensation to petitioner.
On that same day, the undersigned issued a decision adopting the parties’ stipulation for an award.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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, § 205, 116 Stat.
2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). 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).
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 (2012) (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 1:15-vv-00170-UNJ Document 27 Filed 11/23/15 Page 2 of 2
See Decision on J. Stip., filed Sept. 29, 2015.
On October 26, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $23,216.08. Stip. for
Fees and Costs ¶ 3, docket no. 22, filed Oct. 26, 2015. Respondent does not object. Id. In
accordance with General Order #9, petitioner represents that he did not incur any reimbursable
costs in pursuit of this claim. Declaration, docket no. 23, filed Oct. 26, 2015.
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 the parties’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Alison H. Haskins, of Maglio Christopher & Toale, P.A., in the amount of $23,216.08.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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