Tate v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-714V (E-Filed: May 19, 2014)

* * * * * * * * * * * * * * * NATHAN TATE, * UNPUBLISHED

* Petitioner, * Special Master

* Hamilton-Fieldman v. *

* Influenza Vaccination; SECRETARY OF HEALTH AND * Guillain-Barre Syndrome; Small Fiber HUMAN SERVICES, * Neuropathy; Decision; Stipulation.

* Respondent. *

* * * * * * * * * * * * * * * Andrew Downing, Hennelly & Steadman, P.C., Phoenix, AZ, for Petitioner.

Justine Daigneault, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1

On October 19, 2012, Petitioner, Nathan Tate, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). Petitioner alleged that he suffered Guillain-Barre syndrome (GBS) and small fiber neuropathy, as a result of receiving an influenza vaccination received on November 2, 2010.2

Respondent denies that Petitioner’s influenza vaccination caused his GBS and small fiber neuropathy, and/or any other injury. Nonetheless, both parties, while maintaining their above stated positions, agreed in a Stipulation, filed May 16, 2014, (“Stipulation”) that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.

The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The stipulation awards:

A lump sum of $320,000.00 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) to which Petitioner would be entitled; and

Stipulation ¶ 8(a).

The parties further stipulated that they had reached the following agreement with respect to attorneys’ fees and costs:

A lump sum of $18, 634.47, in the form of a check payable to Petitioner and Petitioner’s attorney, Andrew Downing, Esq.,and Rhodes, Hieronymus, Tucker, Jones, and & Gable, PLLC, for attorneys’ fees and costs.

Stipulation ¶8(b).

A lump sum of $10,690.00, in the form of a check payable to Petitioner and Petitioner’s counsel, Andrew Downing, Esq., and Hennelly and Steadman, PLC, for attorneys’ fees and costs under 42 U.S.C. §300aa-15 (e). In accordance with General Order No. 9, Petitioner represents that he incurred no out-of-pocket expenses in proceeding on the petition.

Stipulation ¶8(c).

Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa.

The undersigned approves the requested amounts for Petitioner’s compensation. 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.3

IT IS SO ORDERED. s/Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master