VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00300
Package ID: USCOURTS-cofc-1_15-vv-00300
Petitioner: Joseph Sullivan
Filed: 2015-12-02
Decided: 2016-05-04
Vaccine: influenza
Vaccination date: 2013-10-02
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 335786

AI-assisted case summary:
Joseph Sullivan filed a petition for compensation under the National Vaccine Injury Compensation Program on March 24, 2015, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on October 2, 2013. He further alleged that the residual effects of GBS lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury. Despite this denial, the parties filed a joint stipulation on December 2, 2015, agreeing to settle the case. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Joseph Sullivan $315,000.00 as compensation for all damages. This amount was to be paid as a lump sum in the form of a check payable to the petitioner. Subsequently, on January 27, 2016, the parties filed another stipulation regarding attorneys' fees and costs. Chief Special Master Dorsey approved and awarded $20,786.71 for attorneys' fees and costs, to be paid as a lump sum in the form of a check jointly payable to the petitioner and his counsel, Alison Haskins. The total compensation awarded to Joseph Sullivan was $335,786.71. The case was resolved through stipulated settlements, with the respondent not admitting that the vaccine caused the injury. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments. Petitioner was represented by Alison H. Haskins of Maglio Christopher and Toale, PA, and the respondent was represented by Christine M. Becer of the U.S. Department of Justice.

Theory of causation field:
Joseph Sullivan filed a petition alleging GBS resulting from an influenza vaccine received on October 2, 2013. The respondent denied causation. The parties reached a stipulated settlement, agreeing to an award of $315,000.00 for damages and $20,786.71 for attorneys' fees and costs, totaling $335,786.71. The stipulation stated that the settlement was a compromise of the parties' respective positions and not an admission of causation by the respondent. The case was resolved under the National Vaccine Injury Compensation Program, with the injury alleged to be covered under the Vaccine Injury Table. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00300-0
Date issued/filed: 2016-04-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/02/2015) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00300-UNJ Document 31 Filed 04/25/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0300V
Filed: December 2, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSEPH SULLIVAN, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Christine M. Becer, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION ON JOINT STIPULATION
Dorsey, Chief Special Master:
On March 24, 2015, Joseph Sullivan (“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” or “Program”). Petitioner alleges that he
suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he
received on October 2, 2013. Petition at 1-5; Stipulation, filed Dec. 2, 2015, ¶¶ 1-2, 4.
Petitioner further alleges that he experienced the residual effects of GBS for more than
six months. Petition at 4. Respondent denies that the flu vaccine caused petitioner’s
GBS or any other injury. Stipulation, ¶ 6.
Nevertheless, on December 2, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-00300-UNJ Document 31 Filed 04/25/16 Page 2 of 7
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 lump sum of $315,000.00 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.

Case 1:15-vv-00300-UNJ Document 31 Filed 04/25/16 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JOSEPH SULLIVAN, )
)
Petitioner, )
) No. 15-300V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Joseph Sullivan, 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 immunization on October 2, 2013.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered from Guillain-Barré 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.

Case 1:15-vv-00300-UNJ Document 31 Filed 04/25/16 Page 4 of 7
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 payment:
A lump sum of $315,000.00 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).
9. 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.
10. 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
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.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
2

Case 1:15-vv-00300-UNJ Document 31 Filed 04/25/16 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation 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).
13. In return for the payments described in paragraphs 8 and 9, 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. § 300aa-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 October 2,
2013, as alleged by petitioner in a petition for vaccine compensation filed on or about March 24,
2015, in the United States Court of Federal Claims as petition No. 15-300V.
14. 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.
15. 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.
3

Case 1:15-vv-00300-UNJ Document 31 Filed 04/25/16 Page 6 of 7
16. 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 9 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.
17. 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 have
GBS or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:15-vv-00300-UNJ Document 31 Filed 04/25/16 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00300-1
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/28/2016) 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-00300-UNJ Document 32 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0300V
Filed: January 28, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSEPH SULLIVAN, *
*
Petitioner, *
v. * Attorneys’ Fees and Costs; Stipulation;
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Christine Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On March 24, 2015, 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” or “Program”). Petitioner alleged that he suffered Guillain-Barré
syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on October 2,
2013. On December 2, 2015, the undersigned issued a decision awarding
compensation to petitioner based on a joint stipulation.
On January 27, 2016, the parties filed a Stipulation of Facts Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $20,786.71 for attorneys’ fees and costs. In compliance with General Order
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-00300-UNJ Document 32 Filed 05/04/16 Page 2 of 2
#9, petitioner’s counsel represented that petitioner incurred no out-of-pocket expenses
in this case.
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, I award the total of $20,786.713 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, Alison Haskins.
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 the filing of a joint notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2