# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 309 V

Filed: September 10, 2014

Not for Publication

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

JAMES GORDON COOK

, *

*

Petitioner

, *

* Damages decision b ased on

v. * s tipulation; influenza ( flu ) vaccine;

* Guillain

- Barré Syndrome ( GBS ) ;

SECRETARY OF HEALTH * fees and costs decision based on

AND HUMAN SERVICES, * stipulation

*

Respondent. *

*

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

Diana Stadelnikas Sedar

, Sarasota, FL , for petitioner.

Ann D. Martin , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS ’ FEES AND COSTS 1

On September 9 , 2014

, 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 (“GBS”) as a result of h is receipt of influenza (“flu ”) vaccine on

Decem ber 11 , 2011

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

for more than six months. Respondent denies that petitioner’s G BS or any other injury was

caused by his flu vaccination

. Nonetheless, the parties agreed to resolve this matter informally.

1 Because this unpublished decision contains a reasoned explanation f or the special master’ s action i n this

case, the special master intends to post this unpublished decision on the United States Court of Federal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

- G overnment 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 informat ion 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 p rior 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

The undersigned finds the terms of the stipulation to be reasonable, hereby adopts the

parties’ stipulation, and awards compensatio n in the amount and on the terms set forth therein.

Pursuant to the attached stipulation, the undersigned awards $ 1 20 ,000.00 for reimbursement for

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

- 15(a) (2006).

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

this case

. In accordance with General Order #9, petitioner asserts that he did not incur out

- of

p ocket expenses in pursuit of h is petition. Petitioner requests $ 15

, 675

. 12 in attorneys’ fees and

costs . Res po ndent does not object to this amount

. The undersigned fi nds this amount to be

reasonable.

In sum , t he court awards :

a. a lump sum of $1 20 ,000.00

, representing compensation for all damages that would be

av ailable under 42 U.S.C. § 300aa

- 15(a) . The award shall be in the form of a check

made payable to petitioner in the amount of $1 20 ,000.00 ; and

b. a lump sum of $ 15

, 6 75

. 12 , representing reimbursement for attorneys’ fees and costs

. The award sha l l be in the form of a check made payable jointly to petitioner and

M aglio, Christopher, & Toale, P. A

. in the amount of $ 15

, 6 75

. 12

.

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: September 10, 2014 / 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 , either separately or

jointly, filing a notice renouncing the right to seek review.