Benton v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-821V (Filed: September 10, 2014)

* * * * * * * * * * * * * * * RONALD J. BENTON, * UNPUBLISHED

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Petitioner, * Special Master Hamilton-Fieldman

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v. *

* Influenza (Flu) Vaccine; Guillain- SECRETARY OF HEALTH AND * Barré Syndrome (“GBS”); Stipulation; HUMAN SERVICES, * Damages; Attorneys’ Fees and Costs;

* Reasonable Amount Requested to Which Respondent. * Respondent Does Not Object.

* * * * * * * * * * * * * * * Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for Petitioner. Ann D. Martin, United States Department of Justice, Washington, D.C., for Respondent.

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES 1 On November 29, 2012, Petitioner, Ronald Benton, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Program@). 2 Petitioner alleges that, as a result of receiving an influenza (“flu”) vaccine on December 3, 2009, he suffered from Guillain-Barré syndrome.

On September 9, 2014, the parties filed a stipulation in which they state that a decision should be entered awarding compensation and attorneys’ fees. Respondent denies that Petitioner’s influenza vaccine caused GBS or any other injury. 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 her attorney shall receive the following compensation:

A lump sum of $115,000.00 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 $21,506.98 in the form of a check jointly payable to Petitioner and Petitioner’s attorney, Jeffrey A. Golvash, for attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e). In compliance with General Order #9, Petitioner represents that no personal, out-of-pocket expenses were incurred by Petitioner 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. 3

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