VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00187 Package ID: USCOURTS-cofc-1_12-vv-00187 Petitioner: Mary Brown Filed: 2012-03-22 Decided: 2014-04-01 Vaccine: influenza Vaccination date: 2010-09-23 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 234848 AI-assisted case summary: Mary Brown filed a petition on March 22, 2012, alleging that an influenza vaccination she received on September 23, 2010 caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. Respondent denied that the flu vaccination caused petitioner's GBS or any other injury. Nonetheless, both parties agreed in a joint stipulation filed March 11, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received: a lump sum of $234,848.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a) other than the Medicaid lien and provider reimbursement; a lump sum of $34,615.13 representing a North Carolina Medicaid lien, payable jointly to petitioner and the NC Division of Medical Assistance (which petitioner agreed to endorse to the state); and a lump sum of $152.00 representing past unreimbursed expenses, payable jointly to petitioner and Asheville Eye Associates, PLLC (which petitioner agreed to endorse to the provider). Theory of causation field: Flu Sep 23, 2010 → GBS. Joint stipulation Mar 11, 2014; respondent denied causation; SM Gowen. $234,848 comp + $34,615.13 NC Medicaid lien (NC DHHS; petitioner endorses) + $152 past unreimbursed expenses (Asheville Eye Associates). Counsel: John R. Howie Jr., Howie Law, Dallas TX. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00187-0 Date issued/filed: 2014-04-01 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 3/11/2014) regarding 36 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00187-UNJ Document 40 Filed 04/01/14 Page 1 of 9 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 12-187V Filed: March 11, 2014 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * MARY BROWN, * * Petitioner, * Stipulation; Flu; GBS * v. * * SECRETARY OF THE DEPARTMENT * OF HEALTH AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * John Robert Howie, Jr., Esq., Howie Law, P.C., Dallas, TX for petitioner. Melonie McCall, Esq., US Dept. of Justice, Washington, DC for respondent. DECISION ON JOINT STIPULATION1 Gowen, Special Master: Mary Brown [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on March 22, 2012. Petitioner alleges that she 1 Because this unpublished decision contains a reasoned explanation for the 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). 1 Case 1:12-vv-00187-UNJ Document 40 Filed 04/01/14 Page 2 of 9 suffered Guillain-Barre Syndrome [“GBS”] that was caused in fact by a flu vaccination she received on September 23, 2010. See Stipulation, filed Mar. 11, 2014, at ¶¶ 2, 4. Further, petitioner alleges that she experienced residual effects of her injury for more than six months. Id. Respondent denies that petitioner suffered GBS or any other injury that was caused by her flu vaccination and further denies that the flu vaccine caused petitioner’s current disabilities. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On March 11, 2014, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner: a. A lump sum of $234,848.00 in the form of a check payable to petitioner, Mary Brown. This amount represents compensation for all damages that would be available under § 300aa-15(a), except as noted below in subparagraph (c); b. A lump sum of $34,615.13 which represents reimbursement of a State of North Carolina Medicaid lien, in the form of a check payable jointly to petitioner and DIVISION OF MEDICAL ASSISTANCE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Controller 2022 Mail Service Center Raleigh, NC 27699-2022 Case Number 191678 Attn: Mr. Jeff Horton Petitioner agrees to endorse this check to the appropriate State agency; c. A lump sum of $152.00 which represents past unreimbursed expenses, in the form of a check payable jointly to petitioner and ASHEVILLE EYE ASSOCIATES, PLLC 8 Medical Park Drive Asheville, NC 28803-2493 FEI:561967404 Account No: 905064624 Petitioner agrees to endorse this check to Asheville Eye Associates, PLLC. 2 Case 1:12-vv-00187-UNJ Document 40 Filed 04/01/14 Page 3 of 9 The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 3 Case 1:12-vv-00187-UNJ Document 40 Filed 04/01/14 Page 4 of 9 Case 1:12-vv-00187-UNJ Document 40 Filed 04/01/14 Page 5 of 9 Case 1:12-vv-00187-UNJ Document 40 Filed 04/01/14 Page 6 of 9 Case 1:12-vv-00187-UNJ Document 40 Filed 04/01/14 Page 7 of 9 Case 1:12-vv-00187-UNJ Document 40 Filed 04/01/14 Page 8 of 9 Case 1:12-vv-00187-UNJ Document 40 Filed 04/01/14 Page 9 of 9