Cotner v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-785V (Not to be published)

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* JAMES J. COTNER, * Filed: January 28, 2015

* Petitioner, *

* Decision by Stipulation; Damages; v. * Attorneys’ Fees and Costs;

* Influenza (“Flu”) Vaccine; SECRETARY OF HEALTH AND * Guillain-Barrè Syndrome (“GBS”) HUMAN SERVICES, *

* Respondent. *

* ***************************** Douglas Lee Burdette, Burkett & Burdette, Seattle, WA, for Petitioner.

Alexis Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1 On October 9, 2013, James Cotner filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving the influenza vaccine on October 7, 2010, he suffered from Guillain-Barrè syndrome, and that he experienced the effects of this injury for more than six months.

Respondent denies that Petitioner’s injuries were caused-in-fact by the influenza vaccination, and denies that the vaccine caused any other injury or his current condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed January 14, 2015) that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.

In the same stipulation, the parties also indicated that they had reached an agreement regarding attorneys’ fees and costs. The stipulation laid out the amount of compensation that should be awarded to Petitioner’s attorney, in a check made payable jointly to Petitioner and Petitioner’s counsel. In compliance with General Order #9, the stipulation also stated that no out- of pocket litigation related costs have been incurred by Petitioner in proceeding on the petition.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards:

 A lump sum of $150,000.00 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 $7,961.81 in the form of a check payable jointly to Petitioner and

Petitioner’s attorney, for attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e).

Stipulation ¶ 8.

I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner. 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/ Brian H. Corcoran

Brian H. Corcoran Special Master