VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00595 Package ID: USCOURTS-cofc-1_13-vv-00595 Petitioner: Shagufta Malik Filed: 2013-08-21 Decided: 2016-04-14 Vaccine: influenza Vaccination date: 2010-10-15 Condition: Guillain-Barré Syndrome (“GBS”) Outcome: compensated Award amount USD: 176565 AI-assisted case summary: Shagufta Malik filed a petition on August 21, 2013, alleging that an influenza vaccine she received on October 15, 2010, caused her to develop Guillain-Barré Syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Malik's GBS or any other injury. Despite these positions, both parties agreed to a joint stipulation filed on March 23, 2016, to settle the case. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As part of the stipulation, Ms. Malik was awarded a lump sum of $150,000.00 as compensation for damages, separate from the reimbursement of a New Jersey Medicaid lien. Additionally, she received $26,565.18 to reimburse the New Jersey Medicaid lien. Both amounts were awarded as damages under 42 U.S.C. § 300aa-15(a). The decision does not describe the onset of symptoms, specific medical tests, or treatments. The public decision does not name petitioner's counsel or respondent's counsel, nor does it detail the specific medical experts or the mechanism of causation. The stipulation states that it represents a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and is not an admission by the United States or the Secretary that the flu vaccine caused petitioner's GBS or any other injury. Theory of causation field: Shagufta Malik alleged that an influenza vaccine received on October 15, 2010, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation on March 23, 2016, agreeing to settle the case. Special Master Christian J. Moran adopted the stipulation as the decision. The award included a lump sum of $150,000.00 for compensation and $26,565.18 for reimbursement of a New Jersey Medicaid lien, totaling $176,565.18, awarded under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific mechanism of causation, medical experts, or clinical findings. Attorneys for petitioner were F. John Caldwell of Maglio, Christopher & Toale, PA, and for respondent was Traci Patton of the U.S. Department of Justice. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00595-0 Date issued/filed: 2016-03-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/22/2015) regarding 56 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00595-UNJ Document 62 Filed 03/24/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * SHAGUFTA MALIK, * No. 13-595V * Special Master Moran Petitioner, * * Filed: September 22, 2015 v. * * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * F. John Caldwell, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner; Traci Patton, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On September 11, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Shagufta Malik on August 21, 2013. In her petition, Ms. Malik alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on October 15, 2010, caused her to suffer from Guillain-Barré Syndrome (“GBS”). Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the flu vaccine caused petitioner to suffer GBS or any other injury or condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. 1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:13-vv-00595-UNJ Document 62 Filed 03/24/16 Page 2 of 7 Damages awarded in that stipulation include: A. A lump sum of $150,000.00 in the form of a check payable to petitioner, Shagufta Malik. This amount represents compensation for all damages, other than reimbursement of a State of New Jersey Medicaid lien, that would be available under 42 U.S.C. § 300aa- 15(a); and B. A lump sum of $26,565.18, which amount represents reimbursement of a State of New Jersey Medicaid lien, in the form of a check payable jointly to petitioner and Treasurer, State of New Jersey Division of Revenue Lockbox 656 160 S. Broad Street, 1st Floor Trenton, NJ 08646 Medicaid Beneficiary: Shagufta Malik File No.: EAR/40603 Petitioner agrees to endorse the check to the State of New Jersey. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 13-595V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360. IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 CCaassee 11::1133--vvvv--0000559955--UUNNJJ DDooccuummeenntt 5652 FFiilleedd 0093//1214//1156 PPaaggee 13 ooff 57 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) SHAGUFTA MALIK, ) ) Petitioner, ) No. J3-595V V, ) Special Master Moran ECF SECRETA RY OF HEAL TH AND HUMAN ) ~ SERVICES, Respondent. ) ~~~~~~~~~~~~~-) ~TIPULATION The parties hereby stipulate to the following matters: 1. Shagufta Malik, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 et seq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to Ms. Malik'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 her flu immunization on October 15, 2010. 3. The vaccine was administered within the United States. 4. Petitioner alleges that the flu vacc1ne caused her to suffer Guillain-I3ane Syndrome ("GBS"). 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. 6. Respondent denies that the flu vaccine caused petitioner to suffer GDS or any other injury or condition. CCaassee 11::1133--vvvv--0000559955--UUNNJJ DDooccuummeenntt 5652 FFiilleedd 0093//1214//1156 PPaaggee 24 ooff 57 7. Maintaining their above-stated positions, the patties 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 practicabJe after an entry of judgment reflectfog 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-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum of $150,000.00, in the fonn of a check payable to petitioner. This amotmt represents compensation for aU damages, other than reimbursement of a State of New Jersey Medicaid lien, that would be available under 42 U.S.C. § 300aa-15(a); and b. A lump sum of $26,565.18, wh.ich amount represents reimbursement of a State of New Jersey Medicaid lien, in the form of a check payable jointly to petitioner and Treasurer, State of New Jersey Division of Revenue Lockbox 656 160 S. Broad Street, 1st Floor Trenton, NJ 08646 Medicaid Beneficiary: Shagufta Malik Pile No.: EAR/40603 Petitioner agrees to endorse the check to the State of New Jersey. 9. As soon as practicable afier the entry of judgment on entitlement in this case, and after petitioncl' has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), and au application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable 2 CCaassee 11::1133--vvvv--0000559955--UUNNJJ DDooccuummeenntt 5652 FFiilleedd 0093//1214//1156 PPaaggee 35 ooff 57 under 42 U.S.C. § 300aa-l S(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of lhe Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject to lhe availability of sufficient stalutory funds. 12. The pruiics and their attorneys further agree and stipulate Lhat, except for any award for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict constn1ction of 42 U.S.C. § 300aa-15(a) and (d), and subject lo the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on hehalf of her heirs, executors, administrators, successors 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 aU demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Cowt of Federal Claims, under the National Vaccine Injury Compensation Program, 42 V.S.C. § 300aa-l 0 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 deatl1 of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on October 15, 2010, as 3 CCaassee 11::1133--vvvv--0000559955--UUNNJJ DDooccuummeenntt 5652 FFiilleedd 0093//1214//1156 PPaaggee 46 ooff 57 aJLeged by petitioner in a petition for vaccine compensation filed on or about August 21, 2013, in the United States Court of Federal Claims as petition No. 13-595V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete confom1ity with the terms of this Stipulation or if the Cowt 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. 16. 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 othe1wise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto lo make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The pa1ties 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. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that tbe flu vaccine caused petitioner's OBS or any other injury or condition. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 CCaassee 11::1133--vvvv--0000559955--UUNNJJ DDooccuummeenntt 5652 FFiilleedd 0093//1214//1156 PPaaggee 57 ooff 57 Sep 03 15 03:12p Abdul J. Malik 2013337441 p.1 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRSENTAT IVE PETITIONER: OF THE ATTORNEY GENERAL: . ' \J~) .JV\~t.-. ~. MATA~ VINC;;?J, TOALE,PA Deputy Director 1605 Main Street Torts Branch Smte 71 o Civil Division Sarasota, FL 34236 U.S. Department of Justice Tel: (888) 952-5242 P.O. Box 146 Benjamin, Franklin Stntion Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTOR~EYOFRECORDFOR OF THE SECRETA HEALTH RESPONDENT: ANDHUMAN