VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00462
Package ID: USCOURTS-cofc-1_12-vv-00462
Petitioner: Brian Witte
Filed: 2017-10-24
Decided: 2017-11-20
Vaccine: influenza
Vaccination date: 2011-10-11
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
On July 23, 2012, Brian Witte filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on October 11, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the alleged injury. Despite the denial, the parties reached a settlement agreement and filed a joint stipulation on October 23, 2017. As part of the settlement, the respondent agreed to pay Brian Witte a lump sum of $65,000.00, intended to compensate for all damages available under the National Childhood Vaccine Injury Act. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation, ordering that judgment be entered accordingly. The petition was filed on October 24, 2017, and the decision on the stipulation was issued on November 20, 2017. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, medical tests, treatments, or expert witnesses. The specific mechanism of causation is also not described in the public decision.

Theory of causation field:
Petitioner Brian Witte alleged that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on October 11, 2011. The respondent denied causation. The parties reached a settlement, and a joint stipulation was filed on October 23, 2017. The settlement included a lump sum payment of $65,000.00 to petitioner. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation on November 20, 2017. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00462-0
Date issued/filed: 2017-11-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/24/2017) Regarding 78 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (JS) Copy to parties.
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Case 1:12-vv-00462-UNJ Document 82 Filed 11/20/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-462V
Filed: October 24, 2017
* * * * * * * * * * * * * * *
BRIAN WITTE, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
v. * Guillain-Barre Syndrome (“GBS”),
* Influenza (“Flu”) Vaccination
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Franklin J. Caldwell, Esq., Maglio, Christopher & Toale, Sarasota, FL, for petitioner.
Justine E. Walters, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On July 23, 2012, Brian Witte (“Mr. Witte” or “petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza (“flu”)
vaccination on October 11, 2011. See Petition (“Pet.”), ECF No. 1. Respondent denies that the
influenza vaccination caused petitioner’s alleged injury. See Stipulation, ECF No. 77.
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 (2012)). 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 (2012).
1

Case 1:12-vv-00462-UNJ Document 82 Filed 11/20/17 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On October 23, 2017, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $65,000.00 in the form of a check payable to petitioner, Brian
Witte. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk shall enter judgment accordingly.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
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.
2

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