VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01679
Package ID: USCOURTS-cofc-1_16-vv-01679
Petitioner: B.W.S.
Filed: 2016-02-05
Decided: 2018-01-16
Vaccine: influenza
Vaccination date: 2015-10-12
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 184451

AI-assisted case summary:
Ann Woo and David Sievertson filed a petition on behalf of their minor child, B.W.S., alleging that the influenza vaccine administered on October 12, 2015, caused B.W.S. to develop Guillain-Barré syndrome (GBS). The petition stated that B.W.S. suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated the injury. However, the parties reached a joint stipulation for compensation. The court adopted the stipulation, awarding B.W.S. a total of $184,451.55. This amount included $3,731.55 for past expenses and $180,720.00 for all other damages. Later, on December 27, 2017, petitioners moved for attorneys' fees and costs, requesting $26,785.43. The court awarded this amount, which included fees for establishing a guardianship and other litigation costs.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01679-0
Date issued/filed: 2017-09-21
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 8/25/17). Signed by Special Master Christian J. Moran. (mg) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01679-UNJ Document 27 Filed 09/21/17 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ANN WOO and *
DAVID SIEVERTSON, * No. 16-1679V
on behalf of B.W.S., a minor child, * Special Master Christian J. Moran
*
Petitioners, *
v. *
* Filed: August 25, 2017
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine;
* Guillain-Barré syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio, Christopher & Toale, Washington, DC, for Petitioners;
Daniel A. Principato, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On August 25, 2017, the parties filed a joint stipulation concerning the
petition for compensation filed by Ann Woo and David Sieverston on behalf of
B.W.S. on February 5, 2016. In their petition, petitioners alleged that the influenza
(“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42
C.F.R. § 100.3(a), and which B.W.S. received on October 12, 2015, caused B.W.S.
to suffer Guillain-Barré syndrome. Petitioners further allege that B.W.S. suffered
the residual effects of this injury for more than six months. Petitioners represent
that there has been no prior award or settlement of a civil action for damages on his
behalf as a result of his condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:16-vv-01679-UNJ Document 27 Filed 09/21/17 Page 2 of 8
Respondent denies that the vaccines either caused or significantly
aggravated B.W.S.’s alleged injury or any other injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $3,731.55 in the form of a check payable to
petitioners for full satisfaction of past expenses.
A lump sum payment of $180,720.00 in the form of a check payable to
petitioners, as guardians/conservators of B.W.S.’s estate. This amount
represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 16-1679V according to this decision
and the attached stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:16-vv-01679-UNJ Document 27 Filed 09/21/17 Page 3 of 8

Case 1:16-vv-01679-UNJ Document 27 Filed 09/21/17 Page 4 of 8

Case 1:16-vv-01679-UNJ Document 27 Filed 09/21/17 Page 5 of 8

Case 1:16-vv-01679-UNJ Document 27 Filed 09/21/17 Page 6 of 8

Case 1:16-vv-01679-UNJ Document 27 Filed 09/21/17 Page 7 of 8

Case 1:16-vv-01679-UNJ Document 27 Filed 09/21/17 Page 8 of 8

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01679-1
Date issued/filed: 2018-02-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/16/18) regarding 29 DECISION of Special Master - Fees, Signed by Special Master Christian J. Moran. (MRG) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01679-UNJ Document 32 Filed 02/22/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ANN WOO and *
DAVID SIEVERTSON, * No. 16-1679V
on behalf of B.W.S., a minor child, * Special Master Christian J. Moran
*
Petitioners, *
v. *
* Filed: January 16, 2018
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine;
* Guillain-Barré syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio, Christopher & Toale, Washington, DC, for Petitioners;
Daniel A. Principato, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On December 27, 2017, petitioners moved for final attorneys’ fees and costs
in the above-captioned matter. Petitioners requested reimbursement for attorneys’
fees and costs in the amount of $26,785.43, an amount to which respondent does
not object. The Court awards this amount.
On December 21, 2016, Ann Woo and David Sievertson filed a petition for
compensation alleging that the influenza vaccine, which their child B.W.S.
received on October 12, 2015, caused B.W.S. to suffer Guillain-Barré syndrome.
The undersigned issued a decision awarding compensation to petitioners based on
the parties’ joint stipulation. Decision, issued August 25, 2017, 2017 WL
4183427.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services), requires that the Court post this decision on its website.
Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of
medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any
redactions ordered by the special master will appear in the document posted on the website.

Case 1:16-vv-01679-UNJ Document 32 Filed 02/22/18 Page 2 of 2
Because petitioners received compensation, petitioners are entitled to an
award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). Petitioners seek a
total of $26,785.43 in attorneys’ fees and costs. This includes $7,375.00 in fees
incurred by attorney Johnathan Tuttle for the purposes of establishing a
guardianship for B.W.S.’s vaccine injury award. In compliance with General
Order No. 9, petitioners state that they incurred $80.00 in personal costs in pursuit
of their claim.
After reviewing the request, the Court awards the following:
a. A lump sum of $19,410.43 in the form of a check made payable
to petitioners and petitioners’ attorney, Amber D. Wilson, of
Maglio Christopher and Toale, PA, and be forwarded to
Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710,
Sarasota Florida 34236; and
b. A lump sum of $7,375.00 in the form of a check made payable
to petitioners and Johnathan Tuttle, and be forwarded to
Maglio Christopher & Toale, PA, 1775 Pennsylvania Ave. NW,
Ste 225, Washington, DC 20006; and
c. A lump sum of $80.00 in the form of a check made payable to
petitioners, and be forwarded to Maglio Christopher & Toale,
PA, 1775 Pennsylvania Ave. NW, Ste 225, Washington, DC
20006.
This represents reimbursement for attorneys’ fees and other litigation costs
available under 42 U.S.C. § 300aa-15(e). 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.2
IT IS SO ORDERED.
S/Christian J. Moran
Christian J. Moran
Special Master
2 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.
2