# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 1 78 V

Filed: October 22, 2012

Not for Publication

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

DAVID DORFF

, *

*

Petitioner

, *

* Damages decision b ased on

v. * s tipulation; Tetanus, diphtheria , and

* acellular pertussis vaccine;

SECRETARY OF HEALTH * Guillain

- Barré syndrome; Fees and

AND HUMAN SERVICES, * costs b ased on st ipulation

*

Respondent. *

*

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

Sheila A. Bjorklund

, Minneapolis, MN , for petitioner.

Lisa A. Watts , Washington, DC, for respondent.

MILLMAN, Special Master

DECISI ON AWARDING DAMAGES AND ATTORNEYS ’ FEES AND COSTS 1

On October 22 , 2012, the parties filed the attached stipulation in which they agreed to

settle this case and described th e settlement terms. Petitioner allege s that he suffered from

Guillain

- Barré synd rome (“ GBS”) following his receipt of the tetanus, diphtheria, and acellular

pertussis vaccine

. Petitioner further alleges that he suffered the residual effects of this injury for

more than six months. Respondent denies that petitioner’s GBS , or any othe r injury, was caused

in fact by the tetanus, diphtheria, and acellular pertussis vaccine

. Respondent further denies that

petitioner’s current disabilities are sequelae of a vaccine

- related injury. Nonetheless, the parties

1 Because this unpublished decision contains a reasoned explanation f or the special master's action i n this

case, the special master intends to post this unpublished decision on the United States C ourt of Federal

Claims's website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat.

2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be

made available to the public unless th ey contain trade secrets or commercial or financial information that

is privileged and confidential, or medical or similar information whose disclosure would constitute a

clearly unwarranted invasion of privacy. When such a decision is filed, petitioner h as 14 days to identify

and move to redact such information prior to the document = s disclosure. If the special master, upon

review, agrees that the identified material fits within the banned categories listed above, the special

master shall redact such mat erial from public access.2

agreed to resolve this matter in formally.

The court finds the terms to be reasonable, hereby adopts the parties’ stipulation, and

awards compensation in the amount and on the terms set forth therein. Pursuant to the

stipulation, the court awards a lump sum of $ 280,000 .00 , representing compensation for all

damages that would be available under 42 U.S.C. § 300aa

- 15(a)

. The award shall be in the form

of a check made payable to petitioner.

The parties have also agreed on an appropriate amount for attorneys’ fees and costs in

this case

. I n accordance with t he General O rder #9 requirement, petitioner state s that he did not

incur any costs to pursue his petition.

Petitioner request s $ 12,288.08 in attorneys’ fees and costs to which respondent does not

object. The undersigned finds this am ount to be reasonable. Accordingly, the court awards

$12,288.08 , representing reimbursement for attorneys’ fees and costs. The award shall be in the

form of a check mad e payable jointly to petitioner and L om m en Abdo Law Firm , in the amount

of $12,288.08

.

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.

Dated: October 22, 2012 /s/ Laura D . Millman

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party = s filing a notice

renouncing the right to seek review.