VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00824 Package ID: USCOURTS-cofc-1_12-vv-00824 Petitioner: Kornoda J. Cook Filed: 2014-12-19 Decided: 2015-02-02 Vaccine: influenza Vaccination date: 2011-11-10 Condition: Guillain-Barré Syndrome (“GBS”) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Kornoda J. Cook filed a petition on December 19, 2014, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered from Guillain-Barré Syndrome (GBS) and its sequelae as a result of receiving an influenza vaccine on November 10, 2011. The respondent denied that the flu vaccine caused Petitioner's GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on December 18, 2014. Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The stipulation awarded Petitioner a lump sum of $15,000.00 for all damages. A separate stipulation awarded $10,000.00 jointly to Petitioner and her attorney, Reginald A. Greene, for all attorneys' fees and costs. The Special Master approved the Vaccine Program award in the requested amounts and directed the clerk to enter judgment. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation. Theory of causation field: Petitioner Kornoda J. Cook alleged that an influenza vaccine administered on November 10, 2011, caused Guillain-Barré Syndrome (GBS) and its sequelae. Respondent denied causation. The parties reached a settlement through a stipulation, agreeing to an award without litigating the causation theory. The public decision does not detail the specific theory of causation, medical experts, or evidence presented. The award consisted of $15,000.00 for damages and $10,000.00 for attorneys' fees and costs, approved by Special Master Brian H. Corcoran on February 2, 2015. Petitioner was represented by Reginald A. Greene, and Respondent was represented by Debra A. Filteau Begley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00824-0 Date issued/filed: 2015-02-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/19/2014) regarding 38 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00824-UNJ Document 42 Filed 02/02/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-824V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * KORNODA J. COOK, * * Petitioner, * Filed: December 19, 2014 * v. * Decision by Stipulation; Damages; * Influenza (“flu”) Vaccine; SECRETARY OF HEALTH * Guillain-Barré Syndrome (“GBS”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Reginald A. Greene, Greene Legal Group, LLC, Atlanta, GA, for Petitioner. Debra A. Filteau Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES1 On November 29, 2012, Kornoda J. Cook filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving the influenza (“flu”) vaccine on November 10, 2011, she suffered from Guillain-Barré Syndrome (“GBS”) and its sequelae. Respondent denies that the flu vaccine caused Petitioner’s GBS and residual effects. Respondent further denies that the flu vaccine caused Petitioner any other injury or her current 1 Because this ruling contains a reasoned explanation for my action in this case, it will be posted on the website of the United States Court of Federal Claims, 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 inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that 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 ruling will be available to the public. Id. 2 The National Vaccine Injury Compensation Program comprises 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”]. Individual sections references hereafter will be to ' 300aa of the Act. Case 1:12-vv-00824-UNJ Document 42 Filed 02/02/15 Page 2 of 7 condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed December 18, 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 (as attached hereto) 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 $15,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. ' 300aa-15(a). The parties also filed a second stipulation on December 18, 2014 providing that the parties had reached the following agreement with respect to attorney’s fees and costs:  A lump sum of $10,000.00 in the form of a check payable jointly to petitioner and petitioner’s attorney, Reginald A. Greene, for [all] attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e). Stipulation ¶ 6. The Stipulation also contained a statement in accordance with General Order #9 of the Vaccine Program indicating that Petitioner had incurred no reimbursable costs in pursuit of his claim. Stipulation ¶ 3. I approve a Vaccine Program award in the requested amounts 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 each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:12-vv-00824-UNJ Document 42 Filed 02/02/15 Page 3 of 7 Case 1:12-vv-00824-UNJ Document 42 Filed 02/02/15 Page 4 of 7 Case 1:12-vv-00824-UNJ Document 42 Filed 02/02/15 Page 5 of 7 Case 1:12-vv-00824-UNJ Document 42 Filed 02/02/15 Page 6 of 7 Case 1:12-vv-00824-UNJ Document 42 Filed 02/02/15 Page 7 of 7