VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01243 Package ID: USCOURTS-cofc-1_19-vv-01243 Petitioner: Leroy J. Stoutenburg, III Filed: 2019-08-20 Decided: 2023-09-28 Vaccine: influenza Vaccination date: 2017-08-20 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Leroy J. Stoutenburg, III filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on August 20, 2017. The respondent conceded that Mr. Stoutenburg is entitled to compensation, agreeing that his case met the criteria for a Table injury under the Vaccine Injury Table and Qualifications and Aids to Interpretation. The ruling on entitlement was issued on September 24, 2020, finding him entitled to compensation for GBS and its related sequelae. Subsequently, on August 24, 2023, the respondent filed a proffer recommending an award of $80,000.00 for pain and suffering, which Mr. Stoutenburg agreed to. The Chief Special Master issued a decision awarding this lump sum payment on September 28, 2023. The case proceeded as a Table claim, and entitlement was granted, leading to a stipulated award for damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01243-0 Date issued/filed: 2020-10-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/24/2020) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01243-UNJ Document 32 Filed 10/27/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1243V UNPUBLISHED LEROY J. STOUTENBURG, III, Chief Special Master Corcoran Petitioner, Filed: September 24, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Heather M. Bonnet-Hebert, Robert B. Feingold & Associates, New Bedford, MA, for petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On August 20, 2019, Leroy J. Stoutenburg, III filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that he sustained Guillain-Barre Syndrome (GBS), resulting from the adverse effects of the influenza (flu) vaccination he received on August 20, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 24, 2020, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, it is Respondent’s position that “that [P]etitioner has satisfied 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01243-UNJ Document 32 Filed 10/27/20 Page 2 of 2 the criteria set forth in the recently revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford [P]etitioner a presumption of causation if the onset of GBS occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. stated that it is his post.” Id. at 5 (citation omitted). Respondent further agrees that scope of damages to be awarded is limited to [P]etitioner’s GBS and its related sequelae only. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-01243-1 Date issued/filed: 2023-09-28 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/29/2023) regarding 56 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01243-UNJ Document 57 Filed 09/28/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1243V LEROY J. STOUTENBURG, III, Chief Special Master Corcoran Petitioner, Filed: August 29, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Heather M. Bonnet-Hebert, Robert B. Feingold & Associates, New Bedford, MA, for Petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 20, 2019, Leroy J. Stoutenburg, III filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that he sustained Guillain-Barre Syndrome (GBS), resulting from the adverse effects of the influenza (flu) vaccination he received on August 20, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 24, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On August 24, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $80,000.00 in pain and suffering damages. Proffer at 1. In the Proffer, Respondent represented that 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01243-UNJ Document 57 Filed 09/28/23 Page 2 of 5 Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $80,000.00 in pain and suffering in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 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 Case 1:19-vv-01243-UNJ Document 57 Filed 09/28/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LEROY J. STOUTENBURG, III, Petitioner, No. 19-1243V (ECF) Chief Special Master Corcoran v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 20, 2019, Leroy J. Stoutenburg, III (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that he suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on August 20, 2017. Petition at 1, 4. On September 24, 2020, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS Table injury, and, later that day, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 29, 30. I. Items of Compensation Respondent proffers that petitioner should be awarded $80,000.00 in pain and suffering damages, representing all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:19-vv-01243-UNJ Document 57 Filed 09/28/23 Page 4 of 5 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $80,000.00, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Leroy Stoutenburg, III: $80,000.00 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:19-vv-01243-UNJ Document 57 Filed 09/28/23 Page 5 of 5 s/Sarah B. Rifkin SARAH B. RIFKIN Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-5997 Sarah.Rifkin@usdoj.gov Dated: August 24, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_19-vv-01243-cl-extra-10734649 Date issued/filed: 2024-07-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268059 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1243V LEROY J. STOUTENBURG, III, Chief Special Master Corcoran Petitioner, v. Filed: June 28, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Heather M. Bonnet-Hebert, Robert B. Feingold & Associates, New Bedford, MA, for Petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 20, 2019, Leroy J. Stoutenburg, III, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleged that he sustained Guillain-Barre Syndrome resulting from the adverse effects of the influenza vaccination he received on August 20, 2017. Petition, ECF No. 1. On August 29, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 56. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other inf ormation, the disclosure of which would constitute an unwarranted invasion of privacy. If , upon review, I agree that the identified material fits within this definition, I will redact such material f rom public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $28,551.19 (representing $27,394.50 in fees plus $1,156.69 in costs). Application for Fees and Costs (“Motion”) filed March 11, 2024, ECF No. 60. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out-of-pocket expenses. ECF No. 59. Respondent reacted to the motion on March 14, 2024, reporting that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 61. Petitioner did not file a reply thereafter. The rates requested for work performed through the end of 2022 are reasonable and consistent with our prior determinations and will therefore be adopted. Petitioner has also requested the following hourly rates for work performed by attorney Heather M. Bonnet-Hebert: $417 per hour for time billed in 2023; and $432 per hour for time billed in 2024. ECF No. 60-1. I find these rates to be reasonable and will award the attorney’s fees requested. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 60-3. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $28,551.19 (representing $27,394.50 in fees plus $1,156.69 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Heather M. Bonnet-Hebert. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this Decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2