VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00290
Package ID: USCOURTS-cofc-1_12-vv-00290
Petitioner: Margo Bryk
Filed: 2012-05-07
Decided: 2014-03-31
Vaccine: influenza
Vaccination date: 2009-09-10
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
Margo Bryk filed a petition for compensation under the National Vaccine Injury Compensation Program on May 7, 2012. Petitioner alleged that she received an influenza vaccination on September 10, 2009, and subsequently developed Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. However, both parties reached a joint stipulation to settle the case, which was filed on March 6, 2014. Chief Special Master Denise Kathryn Vowell reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As part of the settlement, petitioner Margo Bryk was awarded a lump sum of $140,000.00, payable by check, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, clinical details of the GBS, diagnostic tests performed, treatments received, or the specific mechanism of causation. Petitioner was represented by Isaiah Kalinowski, Esq., of Maglio, Christopher & Toale. Respondent was represented by Julia W. McInerny, Esq., of the U.S. Department of Justice.

Theory of causation field:
Petitioner Margo Bryk alleged that an influenza vaccination received on September 10, 2009, caused her to develop Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation on March 6, 2014, agreeing to settle the case. Chief Special Master Denise Kathryn Vowell adopted the stipulation, awarding petitioner $140,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific medical theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused the GBS. Petitioner's counsel was Isaiah Kalinowski, Esq., and respondent's counsel was Julia W. McInerny, Esq. The decision date was March 31, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00290-0
Date issued/filed: 2014-03-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/06/2014) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:12-vv-00290-UNJ Document 35 Filed 03/31/14 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 12-290V
Filed: March 6, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARGO BRYK, *
*
Petitioner, * Stipulation; Influenza; Flu
* Guillain-Barre Syndrome; GBS
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Esq., Maglio, Christopher & Toale, Sarasota, FL, for petitioner.
Julia W. McInerny, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
Margo Bryk [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on May 7, 2012. Petitioner alleges that she
suffered Guillain-Barre Syndrome [“GBS”] as a result of a flu vaccination she received
on September 10, 2009, and she further alleges that she experienced the residual
effects of this condition for more than six months. See Stipulation, filed March 6, 2014,
at ¶¶ 2, 4. Respondent denies that the flu vaccine caused petitioner’s GBS or any other
injury. Stipulation at ¶ 6.
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).

Case 1:12-vv-00290-UNJ Document 35 Filed 03/31/14 Page 2 of 7
Nevertheless, the parties have agreed to settle this case. On March 6, 2014, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms. Respondent agrees to pay petitioner:
A lump sum of $140,000.00 in the form of a check payable to petitioner,
Margo Bryk. This amount represents compensation for all damages that would
be available under § 300aa-15(a).
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/ Denise K. Vowell
Denise K. Vowell
Chief 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.

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