VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00318
Package ID: USCOURTS-cofc-1_12-vv-00318
Petitioner: Kay Anne Jacobson
Filed: 2014-02-20
Decided: 2014-02-20
Vaccine: influenza
Vaccination date: 2011-09-14
Condition: Guillain-Barré Syndrome (“GBS”) or Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”)
Outcome: compensated
Award amount USD: 37130855

AI-assisted case summary:
Kay Anne Jacobson received an influenza vaccine on September 14, 2011. She alleged that within 10 days of vaccination, she experienced the first symptom or manifestation of Guillain-Barré Syndrome (GBS) or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), and suffered residual effects for more than six months. Respondent denied that the flu vaccine caused her condition. The parties reached a stipulation to resolve the case. The court awarded compensation totaling $371,308.55, which included $219,723.76 for first-year life care expenses and pain and suffering, an amount to purchase an annuity contract, and $127,584.79 for a State of Iowa Medicaid lien reimbursement. Additionally, the court awarded $24,300.00 for attorneys' fees and costs.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_12-vv-00318-0
Date issued/filed: 2014-03-18
Pages: 10
Docket text: PUBLIC DECISION Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00318-UNJ Document 27 Filed 03/18/14 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-318V
Filed: February 20, 2014
Not for Publication
*************************************
KAY ANNE JACOBSON, *
*
Petitioner, *
* Damages decision based on
v. * stipulation; influenza vaccine;
* GBS; CIDP; fees and costs
SECRETARY OF HEALTH * decision based on stipulation
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Richard H. Moeller, Sioux City, IA, for petitioner.
Traci R. Patton, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1
On February 20, 2014, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that she sustained the first
symptom or manifestation of the onset of Guillain-Barré Syndrome (“GBS”) or Chronic
Inflammatory Demyelinating Polyneuropathy (“CIDP”) within 10 days of her September 14,
2011, receipt of influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual
effects of this injury for more than six months. Respondent denies that flu vaccine caused
petitioner to suffer GBS, CIDP, or any other injury or condition. Nonetheless, the parties agreed
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat.
2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be
made available to the public unless they contain trade secrets or commercial or financial information that
is privileged and confidential, or medical or similar information whose disclosure would constitute a
clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify
and move to redact such information prior to the document=s disclosure. If the special master, upon
review, agrees that the identified material fits within the banned categories listed above, the special
master shall redact such material from public access.

Case 1:12-vv-00318-UNJ Document 27 Filed 03/18/14 Page 2 of 10
to resolve this matter informally.
The court finds the terms of the stipulation to be reasonable, hereby adopts the parties’
stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant
to the stipulation, the court awards:
a. a lump sum of $219,723.76, representing compensation for first year life care
expenses ($34,723.76) and pain and suffering ($185,000.00). The award shall be in
the form of a check made payable to petitioner; and
b. an amount sufficient to purchase the annuity contract described in paragraph 10 of the
attached stipulation. The award shall be in the form of a check made payable to the
life insurance company from which the annuity will be purchased; and
c. a lump sum of $127,584.79, representing reimbursement of a State of Iowa Medicaid
lien. The award shall be in the form of a check made payable jointly to petitioner and
Iowa Lien Recovery Unit
P.O. Box 36446
Des Moines, IA 50315
Attn: Ms. Alexis Belluchi.
Petitioner agrees to endorse this payment to the Iowa Lien Recovery Unit.
The parties have also agreed on an appropriate amount for attorneys’ fees and costs in
this case. In accordance with the General Order #9 requirement, petitioner asserts that she
incurred no costs in pursuit of her petition.
Petitioner requests $24,300.00 in attorneys’ fees and costs, to which respondent does not
object. The undersigned finds this amount to be reasonable. Accordingly, the court awards
$24,300.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the
form of a check made payable jointly to petitioner and Berenstein, Moore, Hefferman, Moeller
& Johnson, L.L.P.
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.2
IT IS SO ORDERED.
Dated: February 20, 2014 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:12-vv-00318-UNJ Document 27 Filed 03/18/14 Page 3 of 10

Case 1:12-vv-00318-UNJ Document 27 Filed 03/18/14 Page 4 of 10

Case 1:12-vv-00318-UNJ Document 27 Filed 03/18/14 Page 5 of 10

Case 1:12-vv-00318-UNJ Document 27 Filed 03/18/14 Page 6 of 10

Case 1:12-vv-00318-UNJ Document 27 Filed 03/18/14 Page 7 of 10

Case 1:12-vv-00318-UNJ Document 27 Filed 03/18/14 Page 8 of 10

Case 1:12-vv-00318-UNJ Document 27 Filed 03/18/14 Page 9 of 10

Case 1:12-vv-00318-UNJ Document 27 Filed 03/18/14 Page 10 of 10