VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01270
Package ID: USCOURTS-cofc-1_15-vv-01270
Petitioner: Frederick J Kruger
Filed: 2016-01-19
Decided: 2016-02-11
Vaccine: influenza
Vaccination date: 2014-09-18
Condition: Guillain-Barré Syndrome
Outcome: dismissed
Award amount USD: 5715

AI-assisted case summary:
Dr. Frederick J. Kruger, D.P.M., filed a petition on October 26, 2015, alleging that an influenza vaccination received on September 18, 2014, caused him to develop Guillain-Barré Syndrome. The petitioner filed a notice of voluntary dismissal of his petition on January 15, 2016. An order concluding the proceedings was issued on January 19, 2016. The public decision does not detail the evidence presented or the respondent's position on entitlement. The parties subsequently filed a joint stipulation concerning attorneys' fees and costs. Dr. Kruger requested a total award of $5,715.14 for attorneys' fees and costs, which the respondent did not object to. Special Master Thomas L. Gowen granted this request. The award was made in the form of a check jointly payable to the petitioner and his attorney, Jack D. Hull, II, of Goldsmith & Hull, in the amount of $5,715.14. The case was dismissed.

Theory of causation field:
Petitioner alleged that an influenza vaccination on September 18, 2014, caused Guillain-Barré Syndrome. The case was voluntarily dismissed by the petitioner on January 15, 2016, and concluded by order on January 19, 2016. The public decision does not describe the specific theory of causation, medical experts, or clinical details regarding the alleged injury or its mechanism. The outcome was dismissal, with an award of $5,715.14 for attorneys' fees and costs granted by Special Master Thomas L. Gowen based on a joint stipulation between petitioner's counsel Jack D. Hull, II, and respondent's counsel Gordon E. Shemin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01270-0
Date issued/filed: 2016-02-11
Pages: 1
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/19/2016) regarding 12 Order Concluding Proceedings ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:15-vv-01270-UNJ Document 14 Filed 02/11/16 Page 1 of 1
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1270V
Filed: January 19, 2016
* * * * * * * * * * * * * * * * * * * * * * * * *
FREDERICK J KRUGER, D.P.M., *
*
*
Petitioner, *
v. * Vaccine Rule 21(a).
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
ORDER CONCLUDING PROCEEDINGS1
Gowen, Special Master:
On January 15, 2016, petitioner filed a notice of his voluntary dismissal of this matter
pursuant to Vaccine Rule 21(a). Pursuant to 42 U.S.C. § 300aa-21(a), this case is hereby dismissed
without prejudice. The Clerk of the Court is instructed that a judgment shall not enter in the
instant case pursuant to 42 U.S.C. § 300aa-21(a)(3).
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
1 Because this unpublished order contains a reasoned explanation for the action in this case, I
intend to post it to 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 delete medical or other information, that satisfies the criteria in § 300aa-
12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a
proposed redacted decision. If, upon review, I agree that the identified material fits within the
requirements of that provision, I will delete such material from public access.

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01270-1
Date issued/filed: 2016-02-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/19/2016) regarding 13 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:15-vv-01270-UNJ Document 15 Filed 02/11/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1270V
Filed: January 19, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
FREDERICK J KRUGER, D.P.M., *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on
v. * Attorneys’ Fees and Costs.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Jack D. Hull, II, Goldsmith & Hull, Northridge, CA, for petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On October 26, 2015, Dr. Frederick J. Kruger (“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 an influenza vaccination on September 18, 2014, he developed
Guillain-Barré Syndrome. Petition at Preamble. On January 15, 2016, petitioner filed a notice of
voluntary dismissal of his petition. An order concluding these proceedings was issued on January
19, 2016.
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 (2012)). 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-01270-UNJ Document 15 Filed 02/11/16 Page 2 of 2
On January 15, 2016, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $5,715.14. Stip. for
Fees and Costs ¶ 2, docket no. 11, filed Jan. 15, 2016. Respondent does not object. Id. In
accordance with General Order #9, petitioner represents that he did not incur any reimbursable
costs in pursuit of this claim. 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 the parties’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, Jack D.
Hull, II, of Goldsmith & Hull, in the amount of $5,715.14.
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