VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00083
Package ID: USCOURTS-cofc-1_13-vv-00083
Petitioner: Kebede Gebreyes
Filed: 2013-01-31
Decided: 2014-09-23
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 295000

AI-assisted case summary:
Kebede Gebreyes filed a petition on January 31, 2013, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that he suffered Guillain-Barré syndrome (GBS) as a result of receiving the influenza (flu) vaccination. The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused Petitioner's GBS or any other injuries. Despite maintaining their respective positions, both parties agreed to a stipulation to settle the case, which was filed on August 26, 2014. Special Master Brian H. Corcoran reviewed the file and concluded that the stipulation was reasonable, adopting it as the decision of the Court. The stipulation awarded a lump sum of $295,000.00, payable to Kebede Gebreyes, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the onset of symptoms, specific clinical details, or any expert testimony. Petitioner was represented by Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent was represented by Linda S. Renzi of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged that the influenza (flu) vaccine caused Guillain-Barré syndrome (GBS). Respondent denied causation. The parties reached a stipulation to settle the case, which Special Master Brian H. Corcoran adopted as his decision. The stipulation awarded $295,000.00 to petitioner Kebede Gebreyes. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings. Petitioner's counsel was Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent's counsel was Linda S. Renzi. The decision was issued on September 23, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00083-0
Date issued/filed: 2014-09-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/26/2014) regarding 31 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
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Case 1:13-vv-00083-UNJ Document 35 Filed 09/23/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-83V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
KEBEDE GEBREYES, *
* Filed: August 26, 2014
Petitioner, *
* Decision by Stipulation; Damages;
v. * Influenza (Flu) Vaccine; Guillain-Barré
* Syndrome (GBS).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Linda S. Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 31, 2013, Kebede Gebreyes filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petitioner alleges
that he suffered Guillain-Barré syndrome (“GBS”) as a result of receiving the influenza (“flu”)
vaccination.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential
information. Specifically, under Vaccine Rule 18(b), 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 whole decision will be available to
the public. (Id.)
2 The National Vaccine Injury Compensation Program is set forth in 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-' 300aa-34
(West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A.
' 300aa.

Case 1:13-vv-00083-UNJ Document 35 Filed 09/23/14 Page 2 of 7
Respondent denies that Petitioner’s GBS or any other injuries were caused by the receipt
of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions,
agreed in a stipulation, filed August 26, 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 is reasonable. I therefore adopt it as my decision in awarding damages on the terms
set forth therein.
The stipulation awards:
a) A lump sum of $295,000.00, in the form of a check payable to petitioner,
Kebede Gebreyes. This amount represents compensation for all damages that
would be available under 42 U.S.C. §300aa-15(a).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amount set forth above to be made
to Petitioners. 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 jointly (or separately) filing
notice(s) renouncing their right to seek review.
2

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