VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00868 Package ID: USCOURTS-cofc-1_11-vv-00868 Petitioner: Jacqueline Vavrik Filed: 2014-09-24 Decided: 2015-06-08 Vaccine: influenza Vaccination date: Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 315684 AI-assisted case summary: Jacqueline Vavrik filed a petition on September 24, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of receiving the influenza vaccine. The respondent, the Secretary of Health and Human Services, denied that the GBS and any related medical problems were caused by the flu vaccine. Despite maintaining their positions, both parties entered into a stipulation on September 22, 2014, agreeing that the issues could be settled and that a decision awarding compensation should be entered. Special Master Brian H. Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as his decision. The stipulation awarded Jacqueline Vavrik a lump sum of $281,207.83, payable by check, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on May 18, 2015, counsel for both parties filed a joint stipulation regarding attorney's fees and costs. The parties agreed that Petitioner's counsel should receive a lump sum of $34,476.36, payable by check to Petitioner and her counsel, an amount to which the respondent did not object. Petitioner also represented that she incurred no reimbursable costs. Special Master Brian H. Corcoran approved this amount as reasonable. The total compensation awarded to Jacqueline Vavrik was $315,684.36 ($281,207.83 in damages plus $34,476.36 for attorney's fees and costs). Petitioner was represented by John Robert Howie, Jr. of Gidley, Howie Law, P.C., and the respondent was represented by Althea Walker Davis of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, or medical experts. Theory of causation field: Petitioner Jacqueline Vavrik alleged that she suffered Guillain-Barré syndrome (GBS) as a result of receiving the influenza vaccine. The respondent denied causation. The parties entered into a stipulation to settle the case, which was adopted by Special Master Brian H. Corcoran. The stipulation awarded Petitioner $281,207.83 in damages. Subsequently, a joint stipulation for attorney's fees and costs was filed, and Special Master Corcoran approved an award of $34,476.36 for attorney's fees and costs, bringing the total compensation to $315,684.36. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00868-0 Date issued/filed: 2014-10-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/24/2014) regarding 34 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00868-UNJ Document 38 Filed 10/22/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-868V * * * * * * * * * * * * * * * * * * * * * * * * * * JACQUELINE VAVRIK, * * Petitioner, * Filed: September 24, 2014 * v. * Decision Awarding Damages based * on Stipulation; influenza (flu) SECRETARY OF HEALTH AND * vaccine; Guillain-Barré syndrome HUMAN SERVICES, * (GBS) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * John Robert Howie , Jr., Gidley, Howie Law, P.C., Dallas, TX, for Petitioner. Althea Walker Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 9, 2011, Jacqeline Vavrik filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered from Guillain-Barré syndrome (“GBS”) as a result of receiving the influenza ("flu") vaccine. 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 - 34 (2006)) [hereinafter “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-00868-UNJ Document 38 Filed 10/22/14 Page 2 of 7 Respondent denies that Petitioner’s GBS and any related medical problems were caused by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed September 22, 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 my decision in awarding damages on the terms set forth therein. The stipulation awards: A lump sum of $281,207.83 in the form of a check payable to Petitioner, representing compensation for all 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 both (either separately or jointly) filing a notice renouncing their right to seek review. 2 Case 1:11-vv-00868-UNJ Document 38 Filed 10/22/14 Page 3 of 7 Case 1:11-vv-00868-UNJ Document 38 Filed 10/22/14 Page 4 of 7 Case 1:11-vv-00868-UNJ Document 38 Filed 10/22/14 Page 5 of 7 Case 1:11-vv-00868-UNJ Document 38 Filed 10/22/14 Page 6 of 7 Case 1:11-vv-00868-UNJ Document 38 Filed 10/22/14 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_11-vv-00868-1 Date issued/filed: 2015-06-08 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/18/2015) regarding 41 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00868-UNJ Document 42 Filed 06/08/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-868V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JACQUELINE VAVRIK, * * Filed: May 18, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * John R. Howie, Jr., Dallas, TX, for Petitioner Althea Walker Davis, Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On December 9, 2011, Jacqueline Vavrik filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). On September 22, 2014, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. On May 18, 2015, counsel for both parties filed another joint stipulation, this time in regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $34,476.36, in the form of a check payable to Petitioner and Petitioner’s 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.) Case 1:11-vv-00868-UNJ Document 42 Filed 06/08/15 Page 2 of 2 counsel. This amount represents a sum to which respondent does not object. In addition, and in compliance with General Order No. 9, Petitioner has represented that she did not incur any reimbursable costs in proceeding on this petition. I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, an award should be made in the form of a check in the amount of $34,476.36 payable jointly to Petitioner and Petitioner’s counsel, John R. Howie, Jr., Esq. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.2 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.