VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00536
Package ID: USCOURTS-cofc-1_13-vv-00536
Petitioner: Bridget Bartsch
Filed: 2013-08-02
Decided: 2016-01-05
Vaccine: influenza
Vaccination date: 2010-08-10
Condition: Guillain-Barre Syndrome (“GBS”) and/or Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”)
Outcome: compensated
Award amount USD: 581357

AI-assisted case summary:
Bridget Bartsch filed a petition on August 2, 2013, alleging that an influenza (flu) vaccination she received on August 10, 2010 caused her to develop Guillain-Barré Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) and that she experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS and/or CIDP or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed November 18, 2015 to settle the case. Special Master Roth found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $581,357.00, representing compensation for first-year life care plan expenses ($56,357.00), pain and suffering ($175,000.00), and lost wages and past unreimbursable expenses ($350,000.00), plus an amount sufficient to purchase an annuity contract covering future life care needs. The parties subsequently agreed to attorneys' fees and costs of $42,689.52, payable jointly to petitioner and her counsel, Scott B. Taylor of Urban and Taylor, S.C. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Aug 10, 2010 → GBS and/or CIDP (residual >6 months). Joint stipulation Nov 18, 2015; SM Roth. Comp lump sum $581,357 (Year 1 life care $56,357 + pain/suffering $175,000 + lost wages/past unreimbursable $350,000) + annuity. Fees $42,689.52 (Taylor, Urban and Taylor SC, Milwaukee WI).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00536-0
Date issued/filed: 2015-12-14
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 11/19/2015) regarding 48 DECISION Stipulation, Signed by Special Master Mindy Michaels Roth. (Attachments: #1 Stipulation)(mbl) Copy to parties. Modified on 7/10/2019 to include the attachment(s) in the main document for posting to the courts website (da).
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Case 1:13-vv-00536-UNJ Document 53 Filed 12/14/15 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 20, 2015
* * * * * * * * * * * * * * *
BRIDGET BARTSCH, *
* No. 13-536V
Petitioner, *
*
v. * Special Master Roth
*
SECRETARY OF HEALTH * Damages Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza Vaccine; Guillain-Barre
* Syndrome; “GBS”; Chronic Inflammatory
Respondent. * Demyelinating Polyneuropathy; “CIDP”.
*
* * * * * * * * * * * * * * *
Scott B. Taylor, Urban and Taylor, S.C., Milwaukee, WI, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Roth, Special Master:
On August 2, 2013, Bridget Bartsch filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 [the “Vaccine Act” or
“Program”], alleging that she developed Guillain-Barre Syndrome (“GBS”) and/or Chronic
Inflammatory Demyelinating Polyneuropathy (“CIDP”) as a result of the influenza vaccine she
received on August 10, 2010. Respondent denies that the flu vaccine is the cause of petitioner’s
alleged GBS and/or CIDP, or any other injury or condition. Stipulation at ¶ 6.
On November 18, 2015, respondent filed a stipulation detailing compensation for life
care items, lost wages, past unreimbursed expenses, and pain and suffering. According to
respondent’s stipulation, petitioner agrees to the proposed award of compensation. Pursuant to
the terms stated in the attached stipulation, petitioner is awarded:
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, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with Vaccine Rule 18(b), petitioners
have 14 days to identify and move to delete medical or other information, the disclosure of which would constitute
an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I
will delete such material from public access.
2 The 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. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter,
individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:13-vv-00536-UNJ Document 53 Filed 12/14/15 Page 2 of 10
1. A lump sum of $581,357.00 in the form of a check payable to petitioner. This
amount represents all remaining compensation for damages that would be available
under 42 U.S.C. § 300aa-15(a). This sum includes $56,357.00 for future life care
plan expenses for the first year following the entry of judgment, $175,000.00 for pain
and suffering, and 350,000.00 for lost wages and past unreimbursable expenses.
2. An amount sufficient to purchase the annuity contract, described in paragraph 10
of the attached stipulation, paid to the life insurance company from which the annuity
will be purchased (the “Life Insurance Company”).
The clerk of the court is directed to enter judgment in accordance with this decision.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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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BRIDGET BARTSCH, )
)
Petitioner, )
v. ) No. 13-536V
) Special Master Mindy M. Roth
SECRETARY OF HEALTH AND HUMAN ) ECF
SERVICES, )
)
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Bridget Bartsch (“petitioner”) filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on or about August 10, 2010.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the vaccine caused her to develop Guillain-Barre Syndrome
(“GBS”) and/or Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) and that she
experienced residual effects of her injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
6. Respondent denies that the flu vaccine is the cause of petitioner’s alleged GBS and/or
CIDP, or any other injury or condition.

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7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $581,357.00 in the form of a check payable to petitioner. This
amount represents all remaining compensation for damages that would be
available under 42 U.S.C. § 300aa-15(a);1 and
b. An amount sufficient to purchase the annuity contract described in paragraph
10 below, paid to the life insurance company from which the annuity will be
purchased (the “Life Insurance Company”).2
9. The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
1 This sum includes $56,357.00 for future life care plan expenses for the first year following the
entry of judgment, $175,000.00 for pain and suffering, and 350,000.00 for lost wages and past
unreimbursable expenses.
2 Notwithstanding references herein to “the Life Insurance Company” or “the annuity contract,”
to satisfy the conditions set forth herein, in respondent’s sole and absolute discretion, respondent
may purchase one or more annuity contracts from one or more life insurance companies.
2

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10. The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life Insurance Company for the benefit of petitioner, pursuant to which the Life
Insurance Company will agree to make payments periodically to petitioner for the following
items of compensation:
a. For future unreimbursable medical insurance expenses, beginning on
the first anniversary of the date of judgment, an annual amount of $7,744.94 to be
paid up to the anniversary of the date of judgment in year 2034, then beginning on
the anniversary of the date of judgment in year 2034, an annual amount of
$5,409.06 to be paid for the remainder of petitioner’s life, all amounts increasing
at the rate of four percent (4%), compounded annually from the date of judgment;
b. For future unreimbursable case management services, beginning on the
anniversary of the date of judgment in year 2034, an annual amount of $2,064.00
to be paid for the remainder of petitioner’s life, all amounts increasing at the rate
of four percent (4%), compounded annually from the date of judgment;
c. For future unreimbursable equipment, beginning on the first
anniversary of the date of judgment, an annual amount of $710.69 to be paid up to
the anniversary of the date of judgment in year 2034, then beginning on the
anniversary of the date of judgment in year 2034 an annual amount of $1,567.85
to be paid up to the anniversary of the date of judgment in year 2035, then
beginning on the anniversary of the date of judgment in year 2035, an annual
amount of $797.62 to be paid for the remainder of petitioner’s life, all amounts
increasing at the rate of four percent (4%), compounded annually from the date of
judgment;
d. For future unreimbursable medications, beginning on the first
anniversary of the date of judgment, an annual amount of $267.43 to be paid up to
the anniversary of the date of judgment in year 2017, then beginning on the
anniversary of the date of judgment in year 2017 an annual amount of $178.23 to
be paid up to the anniversary of the date of judgment in year 2034, then beginning
on the anniversary of the date of judgment in year 2034, an annual amount of
$3.23 to be paid for the remainder of petitioner’s life, all amounts increasing at
the rate of four percent (4%), compounded annually from the date of judgment;
e. For future unreimbursable home/attendant services, beginning on the
first anniversary of the date of judgment, an annual amount of $4,784.00 to be
paid up to the anniversary of the date of judgment in year 2039, then beginning on
the anniversary of the date of judgment in year 2039, an annual amount of
$28,704.00 to be paid for the remainder of petitioner’s life, all amounts increasing
at the rate of four percent (4%), compounded annually from the date of judgment;
3

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f. For future unreimbursable transportation, beginning on the first
anniversary of the date of judgment, an annual amount of $36.80 to be paid for
the remainder of petitioner’s life, all amounts increasing at the rate of four percent
(4%), compounded annually from the date of judgment.
g. For future unreimbursable gym expenses, beginning on the first
anniversary of the date of judgment, an annual amount of $564.00 to be paid for
the remainder of petitioner’s life, increasing at the rate of four percent (4%),
compounded annually from the date of judgment.
At the sole discretion of the Secretary of Health and Human Services, the periodic
payments may be provided to petitioner in monthly, quarterly, annual or other installments. The
“annual amounts” set forth above describe only the total yearly sum to be paid to petitioner and
do not require that the payment be made in one annual installment. Petitioner will continue to
receive the annuity payments from the Life Insurance Company only so long as petitioner is
alive at the time that a particular payment is due. Written notice to the Secretary of Health and
Human Services and the Life Insurance Company shall be provided within twenty (20) days of
petitioner’s death.
11. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 12 herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
Human Services and the United States of America are released from any and all obligations with
respect to future annuity payments.
4

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12. As soon as practicable after entry of judgment and after petitioner has filed a proper
and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), and an
application, the parties will submit to further proceedings before the special master to award
reasonable attorney’s fees and costs incurred in proceeding upon this petition.
13. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
14. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 12 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),
subject to the availability of sufficient statutory funds.
15. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs and past unreimbursable expenses, the money provided
pursuant to this Stipulation, either immediately or as part of the annuity contract, will be used
solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. §300aa-
15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
16. In return for the payments described in paragraphs 8 and 12, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
5

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be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the influenza vaccination administered
on or about August 10, 2010, as alleged by petitioner in a petition for vaccine compensation filed
on or about August 12, 2013, in the United States Court of Federal Claims as petition No. 13-
536V.
17. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
18. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
19. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 12 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
6

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20. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in
this case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
21. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner’s alleged
GBS and/or CIDP, or any other injury or condition.
22. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00536-1
Date issued/filed: 2016-01-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/14/2015) regarding 55 DECISION Fees Stipulation. Signed by Special Master Mindy Michaels Roth. (mbl) Copy to parties.
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Case 1:13-vv-00536-UNJ Document 58 Filed 01/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 14, 2015
* * * * * * * * * * * * * * *
BRIDGET BARTSCH, *
* No. 13-536V
Petitioner, *
*
v. * Special Master Roth
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to
* which Respondent does Not Object
Respondent. *
*
* * * * * * * * * * * * * * *
Scott B. Taylor, Urban and Taylor, S.C., Milwaukee, WI, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On November 19, 2015, a decision awarding damages was entered. On December 10,
2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to
the stipulation, respondent does not object to a total award of attorneys’ fees and costs in the
amount of $42,689.52. In accordance with General Order #9, petitioner incurred no out-of-
pocket litigation expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and respondent’s counsel’s
lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s
motion for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned
intends to post this decision 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, 116 Stat. 2899, 2913 (Dec. 17, 2002). As provided by 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 entire decision will be available to the public. Id.

Case 1:13-vv-00536-UNJ Document 58 Filed 01/05/16 Page 2 of 2
in the form of a check jointly payable to petitioner and Scott B. Taylor in the
amount of $42,689.52.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.2
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the
right to seek review.
2