VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01316 Package ID: USCOURTS-cofc-1_22-vv-01316 Petitioner: Susan Niles Filed: 2022-09-16 Decided: 2024-03-14 Vaccine: influenza Vaccination date: 2019-10-07 Condition: Guillain-Barré syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 145000 AI-assisted case summary: Susan Niles filed a petition for compensation on September 16, 2022, alleging that the influenza vaccine she received on October 7, 2019, caused her to develop Guillain-Barré syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP). She further alleged that she suffered residual effects for more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied that the vaccine caused her condition or any other injury. The parties reached a joint stipulation for settlement, which Special Master Christian J. Moran adopted as the decision of the Court. Ms. Niles was awarded a lump sum of $145,000.00, payable by check to the petitioner, as compensation for all damages available under the program. The clerk was directed to enter judgment according to this decision and the stipulation. Petitioner counsel was Robert P. Goodwin of Walsh Roberts & Grace, and respondent counsel was Neil Bhargava of the United States Department of Justice. The decision was filed on March 14, 2024. Theory of causation field: Petitioner Susan Niles alleged that the influenza vaccine received on October 7, 2019, caused Guillain-Barré syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP), with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table, and the condition is defined in the Table. Respondent denied causation. The parties reached a stipulation for settlement, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a $145,000.00 lump sum award to the petitioner. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses. The theory of causation relies on the Vaccine Injury Table. The decision was filed on March 14, 2024. Petitioner counsel was Robert P. Goodwin, and respondent counsel was Neil Bhargava. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01316-0 Date issued/filed: 2024-04-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/14/2024) regarding 39 DECISION Stipulation/Proffer Signed by Special Master Christian J. Moran. (ceo) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01316-UNJ Document 43 Filed 04/08/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * SUSAN NILES, * No. 22-1316V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: March 14, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Robert P. Goodwin, Walsh Roberts & Grace, Buffalo, NY, for Petitioner; Neil Bhargava, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On March 14, 2024 the parties filed a joint stipulation concerning the petition for compensation filed by Susan Niles on Septenber 16, 2022. Petitioner alleged that the influenza (“flu”) vaccine she received on October 7, 2019, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from Guillain-Barré syndrome (“GBS”) as defined in the Table and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the flu vaccine caused petitioner to suffer from GBS and/or CIDP, and further denies that the flu vaccine caused petitioner to suffer from any other injury or her current condition. 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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Case 1:22-vv-01316-UNJ Document 43 Filed 04/08/24 Page 2 of 7 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 of $145,000.00 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). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment 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 1:22-vv-01316-UNJ Document 43 Filed 04/08/24 Page 3 of 7 Case 1:22-vv-01316-UNJ Document 43 Filed 04/08/24 Page 4 of 7 Case 1:22-vv-01316-UNJ Document 43 Filed 04/08/24 Page 5 of 7 Case 1:22-vv-01316-UNJ Document 43 Filed 04/08/24 Page 6 of 7 Case 1:22-vv-01316-UNJ Document 43 Filed 04/08/24 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01316-cl-extra-10839623 Date issued/filed: 2025-04-04 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10373035 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ********************** SUSAN NILES, * * No. 22-1316V Petitioner, * Special Master Christian J. Moran * v. * Filed: January 22, 2025 * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ********************** Robert P. Goodwin, Walsh Roberts & Grace, Buffalo, NY, for Petitioner; Neil Bhargava, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 Pending before the Court is petitioner Susan Niles’s motion for final attorneys’ fees and costs. She is awarded $16,996.31. * * * On September 16, 2022, petitioner filed for compensation under the Nation Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 through 34, alleging that the influenza (“flu”) vaccine she received on October 7, 2019, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from Guillain-Barré syndrome (“GBS”) as defined in the Table and/or 1 Because this published decision contains a reasoned explanation for the action in this case, the undersigned is 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 (2018) (Federal Management and Promotion of Electronic Government Services). This posting means the decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the parties have 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. chronic inflammatory demyelinating polyneuropathy (“CIDP”). On March 14, 2024, the parties filed a joint stipulation in which the undersigned adopted as his decision on the same day. 2024 WL 1509226. On May 17, 2024, petitioner filed a motion for attorneys’ fees and costs (“Fees App.”). Petitioner requests attorneys’ fees of $12,503.50 and attorneys’ costs of $4,492.81, for a total request of $16,996.31. Fees App. at 2; Fees App. Ex. A at 16-17. Petitioner warrants that she has not personally incurred any costs related to the prosecution of her case. Id. at 2. Respondent deferred to the undersigned’s assessment, submitting its generic response. Resp’t’s Resp., filed May 29, 2024. Petitioner did not file a reply thereafter. * * * Because petitioner received compensation, she is entitled to an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300aa–15(e). Thus, the question at bar is whether the requested amount is reasonable. The undersigned has reviewed the billing records submitted with petitioner’s request. In the undersigned’s experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates. Furthermore, petitioner has provided supporting documentation for all claimed costs. Fees App. Ex. B. Respondent offered no specific objection to the rates or amounts sought. The Vaccine Act permits an award of reasonable attorney’s fees and costs. 42 U.S.C. § 300aa-15(e). Accordingly, the undersigned awards a lump sum of $16,996.31 (representing $12,503.50 in attorneys’ fees and $4,492.81 in attorneys’ costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. 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.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2