VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00469
Package ID: USCOURTS-cofc-1_15-vv-00469
Petitioner: Joseph Stout
Filed: 2016-03-11
Decided: 2016-04-01
Vaccine: influenza
Vaccination date: 2012-11-30
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 165000

AI-assisted case summary:
Petitioner Joseph Stout filed a claim under the National Vaccine Injury Compensation Program on March 11, 2016, alleging he suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving an influenza vaccine on or about November 30, 2012. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Stout's GBS or any related medical problems. However, both parties agreed to settle the case through a stipulation filed on March 10, 2016, while maintaining their respective positions. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. Petitioner was awarded a lump sum of $165,000.00, payable to him, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a separate stipulation regarding attorneys' fees and costs was filed on March 10, 2016. Special Master Corcoran also found this stipulation reasonable and adopted it. This resulted in an award of a lump sum of $23,091.28, payable jointly to Mr. Stout and his attorney, Howard D. Mishkind, for all attorneys' fees and costs available under 42 U.S.C. § 300aa-15(e). The public decision does not describe the onset, specific symptoms, medical tests, treatments, or the mechanism of causation. Judgment was directed to be entered accordingly.

Theory of causation field:
Joseph Stout alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on or about November 30, 2012. The respondent denied causation. The parties reached a settlement via stipulation filed March 10, 2016, agreeing to an award of compensation. The Special Master adopted the stipulation. Petitioner was awarded $165,000.00 for all damages. Attorneys' fees and costs of $23,091.28 were awarded jointly to petitioner and counsel Howard D. Mishkind. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00469-0
Date issued/filed: 2016-04-01
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 3/11/2016) regarding 19 DECISION Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
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Case 1:15-vv-00469-UNJ Document 24 Filed 04/01/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-469V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
JOSEPH STOUT, *
* Filed: March 11, 2016
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (“flu”) Vaccine;
* Guillain-Barré syndrome (“GBS”);
* Attorneys’ Fees & Costs
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Howard Dale Mishkind, Mishkind Law Firm Co., L.P.A., Beachwood, OH, for Petitioner.
Gordon Shemin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES1
On May 8, 2015, Petitioner Joseph Stout filed an action seeking compensation under the
National Vaccine Injury Compensation Program (the “Vaccine Program”)2. Petitioner alleges that
he suffered Guillain-Barré syndrome (“GBS”) and related complications as a result of receiving
an influenza (“flu”) vaccine on or about November 30, 2012.
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 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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.)
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.A. ' 300aa-10-' 300aa-34 (West
1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa.

Case 1:15-vv-00469-UNJ Document 24 Filed 04/01/16 Page 2 of 8
Respondent denies that Mr. Stout’s GBS or any related medical problems were caused by
his receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated
positions, agreed in a stipulation filed March 10, 2016 that the issues before them can be settled,
and that a decision should be entered awarding Petitioner compensation. ECF No. 15.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
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 $165,000.00, 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).
ECF No. 15 at ¶ 8.
On March 10, 2016, the parties also filed a stipulation, this time in regards to attorney’s
fees and costs incurred in this case. ECF No. 16. I conclude that the parties’ stipulation on
attorney’s fees and costs is also reasonable. I therefore adopt it as my decision in awarding
damages on the terms set forth therein.
The stipulation awards:
A lump sum of $23,091.28 in the form of a check payable jointly to petitioner
and petitioner’s attorney, Howard D. Mishkind, for [all] attorneys’ fees and costs
available under 42 U.S.C. § 300aa-15(e).
ECF No. 16 at ¶ 2.3
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In addition, I also approve of the attorney’s fees and costs in the requested amount to
be made payable to Petitioner and Petitioner’s counsel. 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.4
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
3 This section of the stipulation also contained a statement in accordance with General Order No. 9 of the Vaccine
Program, indicating that Petitioner had incurred no reimbursable costs in pursuit of his claim.
4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly (or separately) filing notice(s)
renouncing their right to seek review.
2

Case 1:15-vv-00469-UNJ Document 24 Filed 04/01/16 Page 3 of 8
Special Master
3

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