VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-02065 Package ID: USCOURTS-cofc-1_24-vv-02065 Petitioner: JEFFREY BLIND Filed: 2024-12-13 Decided: 2026-07-09 Vaccine: influenza Vaccination date: 2023-11-10 Condition: Guillain Barré syndrome Outcome: compensated Award amount USD: 155006 AI-assisted case summary: Jeffrey Blind filed a petition for compensation under the National Vaccine Injury Compensation Program on December 13, 2024, alleging Guillain Barré syndrome (GBS) resulting from an influenza vaccine received on November 10, 2023. The parties filed a joint stipulation on February 19, 2026, agreeing that Mr. Blind is entitled to compensation as his GBS is a Table injury. The stipulation noted that the vaccine was administered in the United States, he experienced residual effects for more than six months, and there was no prior award or settlement. Chief Special Master Corcoran issued a decision on February 20, 2026, awarding Mr. Blind $155,006.41 in compensation for all damages. Subsequently, on July 9, 2026, Mr. Blind filed a motion for attorney's fees and costs. Respondent indicated satisfaction with the statutory requirements for the award. On August 17, 2026, Chief Special Master Corcoran granted in part the motion, awarding $37,261.95 in attorney's fees and costs. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-02065-0 Date issued/filed: 2026-03-24 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 02/20/2026 ) regarding 29 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-02065-UNJ Document 35 Filed 03/24/26 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2065V JEFFREY BLIND, Chief Special Master Corcoran Petitioner, Filed: February 20, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Beaulieu, Siri & Glimstad, LLP, Louisville, KY, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 13, 2024, Jeffrey Blind 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 suffered Guillain Barré syndrome (“GBS”) resulting from an influenza (“flu”) vaccine received on November 10, 2023. Petition at 1; Stipulation, filed February 19, 2026, at ¶¶ 2-4. Petitioner further alleges that the flu vaccine was administered in the United States, he experienced residual effects of GBS for more than six months, and there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Petition at ¶¶ 3, 21-23, 28; Stipulation at ¶¶ 3-6. The Stipulation also states that Petitioner developed GBS within the time period set forth in the Vaccine Injury Table following receipt of the flu vaccine, there is not a preponderance of evidence demonstrating that his GBS was due to a factor unrelated to vaccination, and Petitioner is therefore entitled to compensation for his GBS Table injury. Stipulation at ¶¶ 4-7. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:24-vv-02065-UNJ Document 35 Filed 03/24/26 Page 2 of 8 On February 19, 2026, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $155,006.41, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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 1:24-vv-02065-UNJ Document 35 Filed 03/24/26 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JEFFREY BLIND, Petitioner. No. 24-2065V V. Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Jeffrey Blind ('"petitioner'') tiled a petition for vaccine compensation under the National Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-l Oto -34 (the ·'Vaccine Program''). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("'flu'') vaccine. which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I0 0.3(a). 2. Petitioner received a flu vaccine on or about November I 0, 2023. 1 3. The vaccine was administered within the United States. 1 On November 16, 2023. petitioner received a COVID-19 vaccine. Vaccines against COVID- 19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-l 4 and 42 C.F.R. § I 00.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d. 247d-6e), claims for alleged injuries from COY ID -19 countermeasures, including vaccines. may be compensable under the Countermeasures Injury Compensation Program (. . CICP"). See 85 Fed. Reg. 15198, 15202 (March I 7, 2020). Doc ID: d1813cc9d5fecda109a7d04cb869f48185d7c4d3 Case 1:24-vv-02065-UNJ Document 35 Filed 03/24/26 Page 4 of 8 4. Petitioner developed Guillain-Barre Syndrome ("GBS'") within the time period set forth in the Table following receipt of the flu vaccine and experienced the residual effects of GI3S for more than six months. 5. There is not a preponderance of evidence demonstrating that petitioner"s GBS is due to a factor unrelated to vaccination. 6. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of petitioner's condition. 7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act for his GBS Table injury. Therefore. a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and alter petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum payment of $155,006.41 to be paid through an ACH deposit to petitioner's counsel's IOL TA account for prompt disbursement to petitioner. This amount represents all compensation for damages available under 42 U.S.C. § 300aa-15(a) for injuries presumptively related to petitioner's receipt of the flu vaccine by operation of the Vaccine Injury Table. 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys· fees and costs incurred in proceeding upon this petition. 2 Doc ID: d1813cc9d5fecda109a7d04cb869f48185d7c4d3 Case 1:24-vv-02065-UNJ Document 35 Filed 03/24/26 Page 5 of 8 I 0. Petitioner and his attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g). including State compensation programs, insurance policies. Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. The patties and their attorneys fu1ther agree and stipulate that, except for any award for attorneys· fees and litigation costs. and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d). and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9. petitioner. in his individual capacity and on behalf of his heirs, executors, administrators. successors and/or assigns, (a) does forever irrevocably and unconditionally release. acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements. judgments. claims, damages, loss of services. expenses and all demands of whatever kind or nature) that have been brought. could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-10 et seq., (i) on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from. or that may be alleged to have resulted from, the vaccinations 3 Doc ID: d 1813cc9d5fecda109a7 d04cb869f48185d7c4d3 Case 1:24-vv-02065-UNJ Document 35 Filed 03/24/26 Page 6 of 8 administered on November I 0. 2023. and November 16. 2023. and (ii) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about December 13, 2024. in the United States Court of Federal Claims as petition No. 24-2065V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d- 6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure. including the COVID-19 vaccination administered on November 16, 2023, on its own or in combination with the tlu vaccination administered on November 10, 2023, caused or significantly aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about December 13, 2024, in the United States Cowt of Federal Claims as petition No. 24-2065V, including GBS. for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP.2 If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed. petitioner waives the right to file a claim as described in this paragraph for compensation in the CICP. 14. If petitioner should die prior to entry ofj udgment. this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the patties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Coutt of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either patty. 2 After entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compensation under the CICP. 4 Doc ID: d1813cc9d5fecda109a7d04cb869f48185d7c4d3 Case 1:24-vv-02065-UNJ Document 35 Filed 03/24/26 Page 7 of 8 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986. as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The patties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to amount of damages, and further. that a change in the nature of the injury or condition or in the items of compensation sought. is not grounds to modify or revise this agreement. 17. The Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's GBS or any other injury: however, petitioner has satisfied the Table criteria to establish entitlement to compensation. l 8. All rights and obligations or petitioner hereunder shall apply equally to petitioner's heirs, executors. administrators, successors. and/or assigns. END OF STIPULATION I I I I I I I I I I I I I I I I 5 Doc ID: d1813cc9d5fecda109a7d04cb869f48185d7c4d3 Case 1:24-vv-02065-UNJ Document 35 Filed 03/24/26 Page 8 of 8 Respectfully submitted, PETITIONER: JEFFREY BLIND ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONE : OF THE ATTORNEY GENERAL: 4&--~""== Pl.µ...l,A.A/\~ HEATHER L. PEARLMAN I & GLIMSTAD, LLP Deputy Director IO I No1th Seventh St. #827 Torts Branch Louisville, KY 40202 Civil Division (509) 822-2463 U.S. Department of Justice jbeaulieu@sirillp.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENT A TJVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. DigitallysignedbyJeffrey S. Beach-S -5 Bea Ch Date: 2026.01.21 09:40:41 -os·oo· for CAPT GEORGE REED GRIMES, MD. MPH RYNO. PYLES Director, Division of Injury Senior Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Depa11ment of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 14W-18 (202) 616-984 7 Rockville, MD 20857 ryan.pvlesrwusdoj .gov 6 Doc ID: d1813cc9d5fecda109a7d04cb869f48185d7c4d3 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-02065-1 Date issued/filed: 2026-08-17 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 07/09/2026) regarding 36 DECISION of Special Master - Fees, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-02065-UNJ Document 39 Filed 08/17/26 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2065V JEFFREY BLIND, Chief Special Master Corcoran Filed: July 9, 2026 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Beaulieu, Siri & Glimstad, LLP, Louisville, KY, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS1 On December 13, 2024, Jeffrey Blind 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 suffered Guillain Barré syndrome (“GBS”) resulting from an influenza (“flu”) vaccine received on November 10, 2023. Petition at 1. On February 20, 2026, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 29. 1Because 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. 2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:24-vv-02065-UNJ Document 39 Filed 08/17/26 Page 2 of 4 Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $37,489.45 (representing $36,231.90 in fees plus $1,257.55 in costs). Motion for Attorneys’ Fees and Costs (“Motion”) filed March 2, 2026, ECF No. 33. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 54-3. Respondent reacted to the motion on March 4, 2026, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Response at 2-4, ECF No. 34. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s requests and find a reduction in the amount of fees to be awarded appropriate, for the reason listed below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Hum. Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Hum. Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Hum. Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Hum. Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Hum. Servs., 24 Cl. Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private 2 Case 1:24-vv-02065-UNJ Document 39 Filed 08/17/26 Page 3 of 4 practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES Petitioner requests the hourly rates for attorney John Beaulieu: $311.00 for all work performed in 2024; the rate of $360.00 for all work performed in 2025; and the rate of $450.00 per hour for all work performed in 2026. ECF No. 33-3 at 23. Additionally, for attorney Joseph Baglieri, Petitioner requests the rate of $438.00 per hour for work performed in 2025 and the rate of $485.00 per hour for work performed in 2026. Id. The requested rates for Mr. Beaulieu for 2024 and 2025 have previously been awarded and shall be awarded herein. The requested rate for 2026, however, requires adjustment. Mr. Beaulieu was previously awarded $425.00 per hour for time billed in 2026. See Sukhraj v. Sec'y of Health & Hum. Servs., No. 23-2176V, slip. op. (Fed. Cl. May 19, 2026). I find no reason to deviate from the previous determination, and it otherwise is not the practice of OSM to adjust prior rate determinations upward in later cases. See Jefferson v. Sec’y of Health & Hum. Servs., No. 19-1882, 2023 WL 387051 (Fed. Cl. Spec. Mstr. Jan. 9, 2023). Accordingly, I reduce the rates to be consistent with Sukhraj. Application of the foregoing reduces the fees to be awarded herein by $227.50.3 The requested rates for Mr. Baglieri are reasonable and shall be awarded in full. ATTORNEY COSTS Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 33-3 at 25-36. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. CONCLUSION The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT IN PART Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $37,261.95 (representing $36,004.40 in fees plus $1,257.55 in costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see 3 This amount is calculated as follows: ($450 - $425 = $25 x 9.10 hrs = $227.50). 3 Case 1:24-vv-02065-UNJ Document 39 Filed 08/17/26 Page 4 of 4 Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 4