VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00210
Package ID: USCOURTS-cofc-1_15-vv-00210
Petitioner: James Collins, Jr.
Filed: 2015-03-02
Decided: 2016-01-28
Vaccine: influenza
Vaccination date: 2013-09-30
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
On March 2, 2015, James Collins, Jr. filed a Vaccine Program petition after receiving an influenza vaccine on September 30, 2013. He alleged that the vaccine caused Guillain-Barre Syndrome and that he had not received other compensation for the injury.

The compensation decision was entered on a joint stipulation and contains limited clinical detail. It identifies the vaccine, vaccination date, and alleged GBS, but it does not describe onset, hospitalization, diagnostic testing, treatment, or expert analysis. Respondent denied that the influenza immunization caused Collins's alleged GBS or any other injury or condition.

The parties filed a joint stipulation on January 28, 2016, and Chief Special Master Nora Beth Dorsey adopted it the same day. Collins was awarded a lump sum of $150,000.00, payable to him, representing all damages available under section 15(a). A separate February 5, 2016 decision awarded attorney fees and costs; that separate fee award was not injury compensation. Collins was represented by Howard Gold of Gold Law Firm, LLC.

Theory of causation field:
Influenza vaccine (September 30, 2013) alleged to cause Guillain-Barre Syndrome. COMPENSATED by joint stipulation. Respondent denied that the flu immunization caused GBS or any other injury or condition; public stipulation decision contains limited clinical facts and no onset/treatment/expert narrative. Chief Special Master Nora Beth Dorsey adopted the compensation stipulation on January 28, 2016. Award: $150,000.00 lump sum payable to James Collins, Jr. for all section 15(a) damages; later attorney-fee award was separate. Attorney: Howard Gold, Gold Law Firm, LLC, Wellesley Hills, MA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00210-0
Date issued/filed: 2016-05-04
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 01/28/2016) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00210-UNJ Document 35 Filed 05/04/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-210V
Filed: January 28, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JAMES COLLINS, JR., *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Howard Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 2, 2015, James Collins, Jr. (“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”) caused by the influenza vaccine he received on September
30, 2013. Petition at 1, ¶¶ 2, 22; see also Stipulation, filed Jan. 28, 2016, ¶¶ 2, 4.
Petitioner further alleges he has not received compensation for his injuries. Petition, ¶
23; see also Stipulation ¶ 5. “Respondent denies that the influenza immunization is the
cause of petitioner’s alleged GBS or any other injury or condition.” Stipulation, ¶ 6.
Nevertheless, on January 28, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-00210-UNJ Document 35 Filed 05/04/16 Page 2 of 8
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 lump sum of $150,000.00 in the form of a check payable to petitioner.
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

CCaassee 11::1155--vvvv--0000221100--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0015//2084//1166 PPaaggee 13 ooff 68

CCaassee 11::1155--vvvv--0000221100--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0015//2084//1166 PPaaggee 24 ooff 68

CCaassee 11::1155--vvvv--0000221100--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0015//2084//1166 PPaaggee 35 ooff 68

CCaassee 11::1155--vvvv--0000221100--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0015//2084//1166 PPaaggee 46 ooff 68

CCaassee 11::1155--vvvv--0000221100--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0015//2084//1166 PPaaggee 57 ooff 68

CCaassee 11::1155--vvvv--0000221100--UUNNJJ DDooccuummeenntt 2365 FFiilleedd 0015//2084//1166 PPaaggee 68 ooff 68

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00210-1
Date issued/filed: 2016-05-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/05/2016) regarding 32 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00210-UNJ Document 36 Filed 05/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-210V
Filed: February 5, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JAMES COLLINS, JR., *
*
Petitioner, *
v. * Attorney Fees and Costs; Stipulation
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Howard Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On March 2, 2015, James Collins, Jr. (“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”) caused by the influenza vaccine he received on September
30, 2013. Petition at 1, ¶¶ 2, 22. On January 28, 2016, a decision awarding
compensation to petitioner based on the parties’ stipulation was issued.
On February 5, 2016, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $13,584.50 for attorney’s fees and costs. In accordance with General Order
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-00210-UNJ Document 36 Filed 05/05/16 Page 2 of 2
#9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses.
Stipulation, filed Feb. 5, 2016, at ¶ 4.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). The proposed amount is reasonable.
Accordingly, I award the total of $13,584.503 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Howard S. Gold.
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