VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00567
Package ID: USCOURTS-cofc-1_15-vv-00567
Petitioner: Richard Young
Filed: 2015-12-10
Decided: 2016-02-23
Vaccine: Tdap
Vaccination date: 2014-01-17
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 157500

AI-assisted case summary:
Richard Young filed a petition on December 10, 2015, alleging that he developed Guillain-Barré Syndrome (GBS) as a result of receiving a Tdap vaccine on January 17, 2014, and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap immunization caused the petitioner's GBS or any other injury. Despite this denial, the parties filed a joint stipulation on damages, agreeing that compensation should be awarded. The court approved the stipulation, awarding Richard Young a lump sum of $137,500.00 for all damages. Subsequently, on January 29, 2016, the parties filed a stipulation for attorneys' fees and costs. Petitioner requested $20,000.00, which the respondent did not object to. The court granted this request, awarding a lump sum of $20,000.00 payable jointly to the petitioner and his counsel. The total compensation awarded was $157,500.00.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00567-0
Date issued/filed: 2016-01-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/10/2015) regarding 17 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:15-vv-00567-UNJ Document 21 Filed 01/12/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-567V
Filed: December 10, 2015
* * * * * * * * * * * * * UNPUBLISHED
RICHARD YOUNG, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Guillain-Barré Syndrome (GBS);
* Tetanus, Diptheria, and Acellular
SECRETARY OF HEALTH * Pertussis (“Tdap”) Vaccine
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Michael G. MacLaren, Black McLaren, et al., PC, Memphis, TN, for petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On June 3, 2015, Richard Young (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged
that, as a result of receiving a Tetanus, Diptheria, and Acellular Pertussis (“TDap”) vaccine on
January 17, 2014, he developed Guillain- Barré Syndrome. Petition at Preamble. Further,
petitioner alleged that he experienced residual effects of the injury for more than six months.
Petition at ¶ 10.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the
undersigned intends to post this ruling 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 (2012) (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.

Case 1:15-vv-00567-UNJ Document 21 Filed 01/12/16 Page 2 of 7
On December 9, 2015, the parties filed a stipulation in which they state that a decision should be
entered awarding compensation. Respondent denies that the Tdap immunization is the cause of
petitioner’s alleged GBS, and/or any other injury or his current condition. Stipulation at ¶ 6.
Nevertheless, the parties 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:
(1) A lump sum of $137,500.00 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).
Id. ¶ 8.
The undersigned approves the requested amounts for petitioner’s compensation. Accordingly,
the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
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.

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Case 1:15-vv-00567-UNJ Document 21 Filed 01/12/16 Page 5 of 7

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Case 1:15-vv-00567-UNJ Document 21 Filed 01/12/16 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00567-1
Date issued/filed: 2016-02-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/29/2016) regarding 23 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:15-vv-00567-UNJ Document 26 Filed 02/23/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-567V
Filed: January 29, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
RICHARD YOUNG, *
* Special Master Gowen
Petitioner, *
*
v. * Attorneys’ Fees and Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Michael G. McLaren, Black McLaren, et al., PC, Memphis, TN, for petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On June 3, 2015, Richard Young (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged
that, as a result of receiving a Tetanus, Diptheria, and Acellular Pertussis (“TDap”) vaccine on
January 17, 2014, he developed Guillain- Barré Syndrome. Petition at Preamble. On December
10, 2015, the undersigned issued a decision awarding petitioner compensation pursuant to the
terms of a joint stipulation filed by the parties on December 9, 2015. Judgment entered on
December 11, 2015.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the
undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002. 44 U.C.S. § 3501 note (2012)(Federal Management and
Promotion of Electronic Government Services). 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 (2012) (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-00567-UNJ Document 26 Filed 02/23/16 Page 2 of 2
On January 29, 2016, the parties filed a Stipulation of Fact concerning attorneys’ fees and
costs. Petitioner requests a total award of attorneys’ fees and costs of $20,000.00. Stip. of Fact ¶
5. Pursuant to General Order #9, petitioner’s counsel also represents that petitioner did not incur
any reimbursable out-of-pocket litigation expenses in this matter. Id. at ¶ 4. The parties’
stipulation indicates that respondent does not object to the amended amount of $20,000.00 in
attorneys’ fees and costs that petitioner is requesting. Id. at ¶ 3.
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, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) A lump sum of $20,000.00 in the form of a check payable jointly to petitioner
and petitioner’s counsel of record, Michael G. McLaren.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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