VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00739
Package ID: USCOURTS-cofc-1_11-vv-00739
Petitioner: Juanita Burgess
Filed: 2011-11-04
Decided: 2014-12-02
Vaccine: influenza
Vaccination date: 2008-11-06
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 372095

AI-assisted case summary:
Juanita Burgess filed a petition on November 4, 2011, alleging that an influenza vaccination she received on November 6, 2008 caused her to develop Guillain-Barré syndrome (GBS).

On June 11, 2014, respondent filed a joint stipulation. Respondent denied that the influenza vaccine caused petitioner to suffer from GBS or any other injury or her current condition. Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received: a lump sum of $372,095.29, representing compensation for year-one life care expenses ($127,714.07) and pain and suffering ($244,381.22), payable to petitioner Juanita Burgess; a lump sum of $70,589.91 representing reimbursement of an Arizona Medicaid lien, payable jointly to petitioner and Recovery Management Systems; and an amount sufficient to purchase an annuity providing future life care payments.

On November 3, 2014, respondent filed a stipulation for attorneys' fees and costs. Special Master Moran awarded $72,577.22, payable jointly to petitioner and her counsel, Jay A. Bansal of the Law Offices of Jay A. Bansal. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Nov 6, 2008 → GBS. Joint stipulation June 11, 2014; respondent denied causation; SM Moran. $372,095.29 lump (life care $127,714.07 + P&S $244,381.22) + $70,589.91 AZ Medicaid lien (Recovery Management) + annuity. Fees $72,577.22 (Bansal).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_11-vv-00739-0
Date issued/filed: 2014-07-15
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 06/16/2014) regarding 59 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00739-UNJ Document 63 Filed 07/15/14 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JUANITA BURGESS, *
a single woman, * No. 11-739V
Petitioner, * Special Master Moran
*
v. * Filed: June 16, 2014
*
SECRETARY OF HEALTH * Stipulation; influenza vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Jay A. Bansal, Law Offices of Jay A. Bansal, Tempe, AZ, for Petitioner;
Justine Daigneault, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On June 11, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Juanita Burgess on November 4, 2011. In her petition,
Ms. Burgess alleged that the influenza vaccine, which is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on
November 6, 2008, caused her to suffer Guillain-Barré Syndrome (“GBS”).
Petitioner represents that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of her condition.
Respondent denies that the influenza vaccine caused petitioner to suffer
from GBS or any other injury or her current condition.
Nevertheless, the 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, on the terms set forth therein.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:11-vv-00739-UNJ Document 63 Filed 07/15/14 Page 2 of 10
Damages awarded in that stipulation include:
A. A lump sum payment of $372,095.29, representing compensation for
first year life care expenses ($127,714.07) and pain and suffering
($244,381.22), in the form of a check payable to petitioner Juanita
Burgess; and
B. A lump sum payment of $70,589.91, representing reimbursement of a
State of Arizona lien, in the form of a check payable jointly to
petitioner and
Recovery Management Systems
P.O. Box 32714
Phoenix, AZ 85064-2714
Attn: Mr. Victor Womack
Mercy Care ID: A00293781-01
Petitioner agrees to endorse this check to Recovery Management
Systems.
C. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the attached stipulation.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 11-739V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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DOCUMENT 2: USCOURTS-cofc-1_11-vv-00739-1
Date issued/filed: 2014-12-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/06/2014) regarding 65 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:11-vv-00739-UNJ Document 69 Filed 12/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JUANITA BURGESS, * No. 11-739V
a single woman, *
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: November 6, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
Respondent. * respondent does not object.
* * * * * * * * * * * * * * * * * * * * *
Jay A. Bansal, Law Offices of Jay A. Bansal, Tempe, AZ, for Petitioner;
Justine E. Daigneault, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On November 3, 2014, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $72,577.22, an amount to which respondent does not object.
The Court awards this amount.
On November 4, 2011, Juanita Burgess filed a petition for compensation
alleging that the influenza vaccine, which she received on November 6, 2008,
caused her to suffer Guillain-Barré syndrome (“GBS”). Petitioner received
compensation based upon the parties’ stipulation. Decision, issued June 16, 2014.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:11-vv-00739-UNJ Document 69 Filed 12/02/14 Page 2 of 2
Because petitioner received compensation, she is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $72,577.22 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $72,577.22 in the form of a check made payable to
petitioner and petitioner’s attorney, Jay A. Bansal, for attorneys’ fees
and other litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2