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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-228V

(Filed: January 29, 2015)

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

ROBERT WIGGINS, * UNPUBLISHED

* 

 Petitioner, * Special Master Hamilton-Fieldman

* 

v. * 

* Influenza (Flu) Vaccine; GuillainSECRETARY OF HEALTH AND * Barré Syndrome (“GBS”); Stipulation;

HUMAN SERVICES, * Damages; Attorneys’ Fees and Costs; 

* Reasonable Amount Requested to Which 

Respondent. * Respondent Does Not Object.

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

Danielle A. Strait, Maglio, Christopher, and Toale, P.A., Washington, D.C., for Petitioner.

Traci R. Patton, United States Department of Justice, Washington, D.C., for Respondent.

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES1

On April 1, 2013, Petitioner, Robert Wiggins, filed a petition seeking compensation 

under the National Vaccine Injury Compensation Program (Athe Program@).

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 Petitioner alleges

that, as a result of receiving an influenza (“flu”) vaccine in February 20113, he suffered from 

Guillain-Barré syndrome.

On January 29, 2015, the parties filed a stipulation in which they state that a decision

should be entered awarding compensation and attorneys’ fees. Respondent denies that

 

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 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the 

undersigned intends to post this decision on the United States Court of Federal Claims’ website, 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). Otherwise, “the entire” decision will be available to the public. Id.

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 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.A. '

300aa-10-' 300aa-34 (West 1991 & Supp. 2002) (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.

3 A fact hearing was held on April 9, 2014 to determine the date of vaccination and the undersigned ruled 

from the bench. The undersigned ruled that Petitioner received the influenza vaccination in “late 

February to early March 2011.” Order, dated April 9, 2014. 
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Petitioner’s influenza vaccine caused GBS or any other injury or condition. Nonetheless, both 

parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds said 

stipulation reasonable and adopts it as the decision of the Court in awarding damages and 

attorneys’ fees, on the terms set forth therein.

The parties stipulate that Petitioner and his attorney shall receive the following 

compensation:

A lump sum of $140,000.00 in the form of a check payable to Petitioner. This 

amount represents compensation for all damages that would be available under 42 U.S.C. 

§ 300aa-15(a); and

A lump sum of $26,000.00 in the form of a check jointly payable to Petitioner and 

Petitioner’s attorney, Danielle A. Strait, of Maglio, Christopher & Toale, P.A., 

pursuant to 42 U.S.C. § 300aa-15(e), for attorneys’ fees and costs; and

A lump sum of $258.72, in the form of a check payable solely to Petitioner, for costs 

he incurred in proceeding on the petition. 

Stipulation ¶ 8.

The undersigned approves the requested amount for Petitioner’s compensation and for 

attorneys’ fees. 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 is directed to enter judgment herewith.4

IT IS SO ORDERED.

s/Lisa Hamilton-Fieldman

Lisa Hamilton-Fieldman

Special Master

 

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 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties= joint filing of notice 

renouncing the right to seek review.