VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00376
Package ID: USCOURTS-cofc-1_15-vv-00376
Petitioner: Teena Boykin
Filed: 2015-12-08
Decided: 2016-01-29
Vaccine: influenza
Vaccination date: 2012-10-04
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 354761

AI-assisted case summary:
Teena Boykin filed a petition on December 8, 2015, alleging that an influenza vaccine administered on October 4, 2012, caused her to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the GBS or any other injury. However, the parties reached a stipulation for damages. The court adopted the stipulation, awarding Teena Boykin a total of $329,667.98 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract was awarded. Subsequently, on January 7, 2016, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $25,093.58. The court found the petition was brought in good faith with a reasonable basis, approving the fees and costs. Judgment was entered in accordance with the terms of the parties' stipulations.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00376-0
Date issued/filed: 2015-12-29
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 12/8/2015) regarding 22 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:15-vv-00376-UNJ Document 23 Filed 12/29/15 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-376V
Filed: December 8, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
TEENA BOYKIN, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner.
Gordon Shemin, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On April 14, 2015, Teena Boykin (“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 an influenza (“flu”) vaccination administered to her on October 4, 2012 caused her to suffer
from Guillain-Barré syndrome (“GBS”).
On December 7, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the influenza vaccine caused
Petitioner to suffer from GBS or any other injury or her current condition. However, the parties
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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-00376-UNJ Document 23 Filed 12/29/15 Page 2 of 9
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. A lump sum of $329,667.98, which amount represents compensation for first year
life care expenses ($25,054.78), lost earnings ($163,315.59), and pain and suffering
($134,741.78), and past unreimbursable expenses ($6,555.83) in the form of a check
payable to Petitioner; and
B. An amount sufficient to purchase the annuity contract described in paragraph 10 of
the Stipulation, paid to the life insurance company from which the annuity will be
purchased.
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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

CCaassee 11::1155--vvvv--0000337766--UUNNJJ DDooccuummeenntt 2213 FFiilleedd 1122//0279//1155 PPaaggee 13 ooff 79

CCaassee 11::1155--vvvv--0000337766--UUNNJJ DDooccuummeenntt 2213 FFiilleedd 1122//0279//1155 PPaaggee 24 ooff 79

CCaassee 11::1155--vvvv--0000337766--UUNNJJ DDooccuummeenntt 2213 FFiilleedd 1122//0279//1155 PPaaggee 35 ooff 79

CCaassee 11::1155--vvvv--0000337766--UUNNJJ DDooccuummeenntt 2213 FFiilleedd 1122//0279//1155 PPaaggee 46 ooff 79

CCaassee 11::1155--vvvv--0000337766--UUNNJJ DDooccuummeenntt 2213 FFiilleedd 1122//0279//1155 PPaaggee 57 ooff 79

CCaassee 11::1155--vvvv--0000337766--UUNNJJ DDooccuummeenntt 2213 FFiilleedd 1122//0279//1155 PPaaggee 68 ooff 79

CCaassee 11::1155--vvvv--0000337766--UUNNJJ DDooccuummeenntt 2213 FFiilleedd 1122//0279//1155 PPaaggee 79 ooff 79

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00376-1
Date issued/filed: 2016-01-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/7/2016) regarding 26 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:15-vv-00376-UNJ Document 31 Filed 01/29/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-376V
Filed: January 7, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
TEENA BOYKIN, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner.
Gordon Shemin, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On April 14, 2015, Teena Boykin (“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 an influenza (“flu”) vaccination administered to her on October 4, 2012 caused her to suffer
from Guillain-Barré syndrome (“GBS”). On December 8, 2015, the undersigned issued a
decision awarding compensation to Petitioner.
On January 7, 2016, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $25,093.58 in
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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-00376-UNJ Document 31 Filed 01/29/16 Page 2 of 2
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner’s counsel
represents that Petitioner has not incurred any out-of-pocket litigation costs in pursuit of her
claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $25,093.58, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, John Howie.
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.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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