In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 12-306V

Filed: April 12, 2013

Not for Publication

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PAUL POTHIER, *

*

Petitioner, * 

* Damages decision based on

v. * stipulation; influenza vaccine;

 * Guillain-Barré syndrome; Chronic 

SECRETARY OF HEALTH * Inflammatory Demyelinating 

AND HUMAN SERVICES, * Polyneuropathy; fees and costs based 

 * on stipulation

 Respondent. *

*

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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 the settlement terms. Petitioner alleges that he suffered from GuillainBarré syndrome, or in the alternative Chronic Inflammatory Demyelinating Polyneuropathy,

following his receipt of influenza 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 influenza vaccine. Nonetheless, the parties agreed to 

 

1 Because this unpublished decision contains a reasoned explanation for the special master's action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 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 constitute 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 material 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 $200,509.63, representing compensation for first year life care 

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

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

check for $200,509.63 made payable to petitioner; and

b. An amount sufficient to purchase the annuity contract described in paragraph 10 of 

the stipulation.

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

this case. In accordance with the General Order #9 requirement, petitioner’s counsel asserts that

petitioner did not incur any costs to pursue his petition.

Petitioner requests $29,500.92 in attorneys’ fees and costs to which respondent does not 

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

$29,500.92, representing reimbursement for attorneys’ fees and costs. The award shall be in the 

form of a check made payable jointly to petitioner and the Mishkind Law Firm Co., L.P.A., in 

the amount of $29,500.92.

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. 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.