VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00292
Package ID: USCOURTS-cofc-1_11-vv-00292
Petitioner: Paul L. Sibley
Filed: 2014-01-15
Decided: 2014-01-15
Vaccine: influenza
Vaccination date: 2009-10-15
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Paul L. Sibley received an influenza vaccine on October 15, 2009. His estate, represented by Mark A. Sibley, filed a petition on January 15, 2014, alleging that the vaccine caused Guillain-Barre Syndrome (GBS) and its sequelae, which ultimately led to Mr. Sibley's death. Respondent denied that the vaccine caused the GBS, sequelae, or death. However, both parties agreed to settle the case through a stipulation filed on January 13, 2014. The court reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The stipulation awarded a lump sum of $150,000.00 to compensate for all damages available under the Vaccine Program. Judgment was entered accordingly.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_11-vv-00292-0
Date issued/filed: 2014-01-15
Pages: 2
Docket text: PUBLIC DECISION Signed by Special Master Brian Corcoran. (tjk) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00292-UNJ Document 39 Filed 01/15/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 11-292V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
MARK A. SIBLEY, as personal representative of *
the Estate of PAUL L. SIBLEY *
* Filed: January 15, 2014
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza Vaccine; Guillain-Barre
* Syndrome (GBS)
SECRETARY OF HEALTH AND *
HUMAN SERVICES *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Sarasota, FL, for Petitioner
Melonie J. McCall, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On May 10, 2011, Petitioner Mark A. Sibley, as personal representative of the estate of
the vaccinee, Paul L. Sibley, deceased, filed a petition seeking compensation under the National
Vaccine Injury Compensation Program, (Athe Vaccine Program@).2 Petitioner is alleging that the
1 Because this decision contains a reasoned explanation for my action in this case, I intend 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 decision will be
available to the public. Id.
2 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.

Case 1:11-vv-00292-UNJ Document 39 Filed 01/15/14 Page 2 of 2
vaccinee suffered Guillain-Barre Syndrome (“GBS”) and its related sequelae as a result of
receiving an influenza (“flu”) vaccine on October 15, 2009. Petitioner further contends that the
GBS and related sequelae eventually lead to the vaccinee’s death.
Respondent denies that the vaccinee’s GBS, any related sequelae, and eventual death
were caused by the receipt of the flu vaccine. Nonetheless, both parties, while maintaining their
above stated positions, agreed in a stipulation filed January 13, 2014, that the issues before them
can be settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file and, based upon that review, I conclude that the parties’
stipulation is reasonable. I therefore adopt it as the decision of the Court in awarding damages,
on the terms set forth therein.
The stipulation awards:
A lump sum of $150,000.00, which amount represents compensation for all
damages that would be available under 42 U.S.C. §300aa-15(a), in the form of a
check payable to petitioner, Mark A. Sibley, as legal representative of Paul L.
Sibley, deceased.
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amount to be made to Petitioner in
the amount set forth above. 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
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties= joint
filing of notice renouncing the right to seek review.