VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00760 Package ID: USCOURTS-cofc-1_11-vv-00760 Petitioner: Patricia A. Sayo Filed: 2015-02-10 Decided: 2015-03-04 Vaccine: influenza Vaccination date: Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 685220 AI-assisted case summary: Patricia A. Sayo filed a petition on November 14, 2011, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving the influenza ("flu") vaccine and/or the Tetanus-Diphtheria-acellular Pertussis ("TDaP") vaccine. The respondent, the Secretary of Health and Human Services, denied that Petitioner's GBS and any related medical problems were caused by the receipt of the flu or TDaP vaccines. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on February 10, 2015. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the court's decision. The stipulation awarded Patricia A. Sayo a total of $685,220.00. This amount included a lump sum of $185,220.00, payable to Petitioner and Delaware Physicians Care, to reimburse a State of Delaware Medicaid lien. Additionally, a lump sum of $500,000.00, payable to Petitioner, was awarded for all remaining damages. The court directed that judgment be entered accordingly. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Patricia A. Sayo alleged that she suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving the influenza ("flu") vaccine and/or the Tetanus-Diphtheria-acellular Pertussis ("TDaP") vaccine. Respondent denied causation. The parties reached a settlement via stipulation filed February 10, 2015, which was adopted by Special Master Brian H. Corcoran on March 4, 2015. The stipulation awarded Petitioner $185,220.00 for a State of Delaware Medicaid lien and $500,000.00 for all remaining damages, totaling $685,220.00. The specific mechanism of injury, medical experts, or detailed evidence supporting the theory of causation were not described in the public decision, as the case was resolved by stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00760-0 Date issued/filed: 2015-03-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 2/10/2015) regarding 54 DECISION Stipulation Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00760-UNJ Document 60 Filed 03/04/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-760V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PATRICIA A. SAYO, * * Petitioner, * Filed: February 10, 2015 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; Tetanus SECRETARY OF HEALTH AND * Diphtheria acellular Pertussis HUMAN SERVICES, * (“TDaP”) Vaccine; Guillain-Barré * Syndrome (“GBS”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner. Michael Patrick Milmoe, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On November 14, 2011, Petitioner Patricia A. Sayo filed a petition seeking compensation under the National Vaccine Injury Compensation Program, (“the Vaccine Program”).2 Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) and related complications as a result 1 Because this decision contains a reasoned explanation for my action in this case, I will 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 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under 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 whole 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). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:11-vv-00760-UNJ Document 60 Filed 03/04/15 Page 2 of 7 of receiving the influenza (“flu”) vaccine and/or the Tetanus-Diphtheria-acellular Pertussis (“TDaP”) vaccine. Respondent denies that Petitioner’s GBS and any related medical problems were caused by the receipt of the flu or TDaP vaccines. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed February 10, 2015 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 my decision in awarding damages on the terms set forth therein. The stipulation awards: A lump sum of $185,220.00, in the form of a check payable jointly to Petitioner and Delaware Physicians Care. This amount represents reimbursement of a State of Delaware Medicaid lien; and A lump sum of $500,000.00, in the form of a check payable to Petitioner. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation ¶ 8. I approve a Vaccine Program award in the requested amount 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 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 2 Case 1:11-vv-00760-UNJ Document 60 Filed 03/04/15 Page 3 of 7 Case 1:11-vv-00760-UNJ Document 60 Filed 03/04/15 Page 4 of 7 Case 1:11-vv-00760-UNJ Document 60 Filed 03/04/15 Page 5 of 7 Case 1:11-vv-00760-UNJ Document 60 Filed 03/04/15 Page 6 of 7 Case 1:11-vv-00760-UNJ Document 60 Filed 03/04/15 Page 7 of 7