VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00610 Package ID: USCOURTS-cofc-1_13-vv-00610 Petitioner: Amy Cowen Filed: 2015-10-21 Decided: 2016-03-07 Vaccine: influenza Vaccination date: Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 130000 AI-assisted case summary: Petitioner Amy Cowen filed a petition on October 21, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered Guillain-Barré Syndrome (GBS) and related complications as a result of receiving an influenza vaccine. The respondent denied that the vaccine caused Petitioner's GBS. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on October 20, 2015. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the court's decision. The stipulation awarded Petitioner a lump sum of $130,000.00, payable by check to Petitioner, as compensation for all damages. The Special Master approved this award and directed the clerk of the court to enter judgment. The public decision does not describe the specific date of vaccination, the onset of symptoms, specific clinical details, or any expert testimony. Theory of causation field: Petitioner Amy Cowen alleged that she suffered Guillain-Barré Syndrome (GBS) and related complications as a result of receiving an influenza vaccine. The respondent denied causation. The parties reached a settlement via stipulation filed October 20, 2015, agreeing to an award of $130,000.00. Special Master Brian H. Corcoran approved the stipulation on March 7, 2016. The public decision does not specify the vaccination date, age, onset, symptoms, medical records, expert testimony, or the specific mechanism of causation. The award was for all damages under 42 U.S.C. § 300aa-15(a). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00610-0 Date issued/filed: 2016-03-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/21/15) regarding 47 DECISION Stipulation/Proffer Signed by Special Master Brian H Corcoran. (tjk) Copy to parties. Docketed for Administrative Purposes. Modified on 3/25/2016 (tjk). -------------------------------------------------------------------------------- Case 1:13-vv-00610-UNJ Document 53 Filed 03/07/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-610V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AMY COWEN, * * Petitioner, * Filed: October 21, 2015 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”) SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lauren Faga, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner. Claudia Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On August 27, 2013, Petitioner Amy Cowen filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she suffered Guillain- Barré Syndrome (“GBS”), and related complications as a result of receiving the influenza (“flu”) vaccine. Respondent denies that Petitioner’s GBS was caused by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation 1 Because this decision contains a reasoned explanation for my action in this case, I will 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted 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. 3758, codified as amended, 42 U.S.C.A. ' 300aa-10 to ' 300aa-34 (2012). Case 1:13-vv-00610-UNJ Document 53 Filed 03/07/16 Page 2 of 7 filed October 20, 2015, 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 lump sum of $130,000.00, in the form of a check payable to Petitioner. 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 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 jointly filing notice renouncing their right to seek review. 2 CCaassee 11::1133--vvvv--0000661100--UUNNJJ DDooccuummeenntt 4553 FFiilleedd 1003//2007//1156 PPaaggee 13 ooff 57 CCaassee 11::1133--vvvv--0000661100--UUNNJJ DDooccuummeenntt 4553 FFiilleedd 1003//2007//1156 PPaaggee 24 ooff 57 CCaassee 11::1133--vvvv--0000661100--UUNNJJ DDooccuummeenntt 4553 FFiilleedd 1003//2007//1156 PPaaggee 35 ooff 57 CCaassee 11::1133--vvvv--0000661100--UUNNJJ DDooccuummeenntt 4553 FFiilleedd 1003//2007//1156 PPaaggee 46 ooff 57 CCaassee 11::1133--vvvv--0000661100--UUNNJJ DDooccuummeenntt 4553 FFiilleedd 1003//2007//1156 PPaaggee 57 ooff 57