VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00244 Package ID: USCOURTS-cofc-1_15-vv-00244 Petitioner: Carl S. Fish Filed: 2015-09-11 Decided: 2016-03-07 Vaccine: influenza Vaccination date: 2014-01-08 Condition: Guillain-Barré syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 206160 AI-assisted case summary: Carl S. Fish filed a petition on September 11, 2015, alleging that the influenza vaccine he received on January 8, 2014, caused him to develop Guillain-Barré syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). The respondent denied that the flu vaccine caused Mr. Fish's conditions. However, both parties agreed to settle the case through a stipulation. The court reviewed the stipulation and found it to be reasonable, adopting it as its decision. The stipulation awarded Mr. Fish a lump sum of $200,000.00 for all damages. Subsequently, on December 3, 2015, the parties filed another stipulation regarding attorney's fees and costs. This stipulation awarded Petitioner's counsel $5,760.00 and Petitioner $400.00 for reimbursable costs. The court approved these amounts as reasonable and directed that judgment be entered accordingly. The total compensation awarded to Mr. Fish was $206,160.00. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00244-0 Date issued/filed: 2015-12-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/11/2015) Regarding 15 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00244-UNJ Document 24 Filed 12/16/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-244V (Not to be Published) * * * * * * * * * * * * * * * * * * * * * * * * * * CARL S. FISH, * Filed: September 11, 2015 * Petitioners, * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; v. * Guillain-Barré Syndrome (“GBS”); * Chronic Inflammatory SECRETARY OF HEALTH AND * Demyelinating Polyneuropathy HUMAN SERVICES, * (“CIDP”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * James J. Goodwin, Goodwin Law Corporation, Folsom, CA, for Petitioner. Ann D. Martin, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 10, 2015, Carl S. Fish filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that the trivalent influenza (“flu’”) vaccination that he received on January 8, 2014, caused him to develop Guillain-Barré syndrome (“GBS”) and/or Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). 1 Because this decision contains a reasoned explanation for my actions in this case, I will 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa- 12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 whole decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)). Case 1:15-vv-00244-UNJ Document 24 Filed 12/16/15 Page 2 of 7 Respondent denies that the Mr. Fish’s receipt of the flu vaccine caused him to suffer from GBS, CIDP, or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed September 2, 2015) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  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). Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:15-vv-00244-UNJ Document 24 Filed 12/16/15 Page 3 of 7 Case 1:15-vv-00244-UNJ Document 24 Filed 12/16/15 Page 4 of 7 Case 1:15-vv-00244-UNJ Document 24 Filed 12/16/15 Page 5 of 7 Case 1:15-vv-00244-UNJ Document 24 Filed 12/16/15 Page 6 of 7 Case 1:15-vv-00244-UNJ Document 24 Filed 12/16/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00244-1 Date issued/filed: 2016-03-07 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/03/2015) Regarding 21 DECISION Fees Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00244-UNJ Document 25 Filed 03/07/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-244V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CARL S. FISH, * * Filed: December 3, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * James Jeffries Goodwin, Goodwin Law Corporation, Folsom, CA, for Petitioner Ann Martin, U.S. Dep’t of Justice, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On March 10, 2015, Carl Fish filed a petition seeking compensation under the National Vaccine Injury Compensation Program. On September 2, 2015, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. On December 3, 2015, counsel for both parties filed another joint stipulation, this time in regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $5,760.00, in the form of a check payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which Respondent does not object. In addition, and in 1 Because this decision contains a reasoned explanation for my action in this case, I will 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under 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 whole decision will be available to the public. (Id.) Case 1:15-vv-00244-UNJ Document 25 Filed 03/07/16 Page 2 of 2 compliance with General Order No. 9, Petitioner has represented that he incurred $400.00 in reimbursable costs in proceeding on this petition. I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, an award should be made in the form of:  a check in the amount of $5,760.00 payable jointly to Petitioner and Petitioner’s counsel, James Jeffries Goodwin, Esq; and  a check in the amount of $400.00 payable solely to Petitioner. 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.2 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.