# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 306 V

Filed: April 12, 2013

Not for Publication

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

PAUL POTHIER

, *

*

Petitioner

, *

* Damages decision b ased on

v. * s tipulation; influenza vaccine;

* Guillain

- Barré syndrome ; Chronic

SECRETARY OF HEALTH * Inflammatory Demyelinating

AND HUMAN SERVICES, * Polyneuropathy; fees and c osts based

* on stipulation

Respondent. *

*

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

Howard D. Mishkind

, Beachwood , OH , for petitioner.

Tara J. Kilfoyle , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS ’ FEES AND COSTS 1

On April 12 , 2013 , 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 syndrome , or in the alternative Chronic Inflammatory Demyelinating Polyneuropathy

, following h is receipt of influe nza vaccine on November 2 , 2010

. Petitioner further alleges that

he suffered the residual effects of this injury for more than six months. Respondent denies that

petitioner’s Guillain

- Barré syndrome

, Chronic Inflammatory Demyelinating Polyneuropathy , or

any other injury, was caused in fact by the influen za vaccine

. Nonetheless, the parties agreed to

1 Because this unpublished decision contains a reasoned explanation f or the special master's action i n this

case, the special master intends to post this unpublished decision on the United States Court of Federal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 they contain trade secrets or commercial or financial information that

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

clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 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 m aterial fits within the banned categories listed above, the special

master shall redact such material from public access.2

resolve this matter informally.

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. A lump sum of $ 2 00 ,509.63 , representing compensation f or first year life care

expenses ($15,509.63) and compensatio n for lost earnings, pain and suffering, and

past unreimubursable e xpenses ($185,000.00). The award shall be in the form of a

check for $ 2 00 ,509.63 made payable to petitioner; and

b. A n amount suffi ci ent to purchase the annuity contract de scribed in paragraph 10 of

the s tipulation.

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 ’s counsel asserts that

petitioner did not incur any costs to pursue h i s petition.

Petitioner request s $ 2 9,500.92 in attorneys’ fees and costs to which respondent does not

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

$ 2 9,500.92 , representing reimbursement for attorneys’ fees and costs. The award shall be in the

form of a check mad e payable jointly to petitioner and the M ishkind Law Firm Co., L.P.A. , in

the amount of $ 2 9,500.92

.

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: April 12, 2013 /s/ Laura D. Millman

Laura D. Millma n

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.