1 

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-63V 

Filed: October 8, 2014 

* * * * * * * * * * * * * * * * UNPUBLISHED 

SEAN NEWMAN, * 

 * Special Master Dorsey 

Petitioner, * 

 * 

v. * 

 * Joint Stipulation on Damages; 

SECRETARY OF HEALTH * Influenza (Flu) vaccine; GuillainAND HUMAN SERVICES, * Barré Syndrome (GBS); Attorneys’ 

 * Fees and Costs; Reasonable Amount 

Respondent. * which Respondent Does not Object. 

 * 

* * * * * * * * * * * * * * * * 

Maximillian J. Muller, Muller, Brazil, LLP, Philadelphia, PA, for petitioner.

Justine E. Daigneault, United States Department of Justice, Washington, DC, for respondent. 

DECISION1

 On January 24, 2014, Sean Newman (“petitioner”) filed a petition pursuant to the 

National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). 

Petitioner alleged that he developed Guillain-Barré syndrome (“GBS”) that was caused in fact by 

an influenza (“flu”) vaccination that he received on February 10, 2011. See Petition at 1-2.

Petitioner further alleged that he experienced the residual effects of these injuries for more than 

six months. Id. at 3. 

 

 

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 (2006)). 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 (2006) (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. 

 
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 On October 7, 2014, the parties filed a stipulation, stating that a decision should be 

entered awarding compensation. 

 Respondent denies that the influenza immunization caused petitioner’s GBS or any other 

injury or his current condition. Nevertheless, the parties agree to the joint stipulation, attached 

hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the 

decision of the Court in awarding damages, on the terms set forth therein. 

 The parties stipulated that petitioner shall receive the following compensation: 

(a) A lump sum of $125,000.00, in the form of a check payable to petitioner. This 

amount represent compensation for all damages that would be available under 42 

U.S.C. § 300aa-15(a). 

(b) A lump sum of $18,117.45, in the form of a check payable jointly to petitioner 

and petitioner’s counsel, Maximillian J. Muller, Esq., at Muller Brazil, LLP, for 

attorneys’ fees and costs available under 42 U.S.C. § 300aa-15€; and, in compliance 

with General Order #9, no out-of-pocket expenses were incurred by petitioner in 

proceeding on the petition. 

Stipulation ¶ 8. 

 The undersigned approves the requested amount for petitioner’s compensation. 

Accordingly, an award should be made consistent with the stipulation. 

 In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ 

stipulation.3

 

IT IS SO ORDERED. 

 s/ Nora Beth Dorsey 

 Nora Beth Dorsey 

 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.