VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00635
Package ID: USCOURTS-cofc-1_13-vv-00635
Petitioner: Peter Nathaniel Mulliken
Filed: 2013-09-03
Decided: 2017-07-31
Vaccine: influenza
Vaccination date: 2010-10-16
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 650000

AI-assisted case summary:
Peter Nathaniel Mulliken filed a petition on September 3, 2013, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza vaccination received on October 16, 2010, caused him to develop Guillain-Barré Syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Mulliken's GBS. Despite the denial, both parties agreed to a joint stipulation filed on September 13, 2016, to settle the case. Special Master Mindy Michaels Roth reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As part of the settlement, Mr. Mulliken was awarded a lump sum of $650,000.00, payable by check to him. This amount was designated as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, clinical details of the GBS, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the GBS. The attorneys involved were Peter Schuyler, Kitson & Schuyler, LLP, for the petitioner, and Julia McInerny, U.S. Department of Justice, for the respondent.

Theory of causation field:
Petitioner Peter Nathaniel Mulliken alleged that an influenza vaccine administered on October 16, 2010, caused him to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation on September 13, 2016, to settle the claim. Special Master Mindy Michaels Roth adopted the stipulation. Petitioner was awarded $650,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, relying instead on the joint stipulation for resolution. Attorneys for petitioner were Peter Schuyler, Kitson & Schuyler, LLP, and for respondent was Julia McInerny.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00635-0
Date issued/filed: 2016-10-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/13/2016) regarding 64 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:13-vv-00635-UNJ Document 66 Filed 10/13/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: September 13, 2016)
No. 13-635V
* * * * * * * * * * * * * UNPUBLISHED
PETER NATHANIEL MULLIKEN, *
* Decision on Joint Stipulation;
* Guillain-Barre Syndrome
Petitioner, * (“GBS”);
* Influenza (“Flu”) Vaccine
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Peter Schuyler, Kitson & Schuyler, LLP, Croton-on-Hudson, NY, for petitioner.
Julia McInerny, US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On September 3, 2013, Peter Mulliken (“Mr. Mulliken,” or “petitioner”) filed a petition
for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges
that he developed Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza
vaccination on October 16, 2010. See Stipulation, filed September 13, 2016, at ¶¶ 1-4.
Respondent denies that the influenza immunization caused petitioner’s injury. Stipulation at ¶ 6.
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, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In
accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the
identified material fits within the requirements of that provision, I will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of
citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).
1

Case 1:13-vv-00635-UNJ Document 66 Filed 10/13/16 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On September 13, 2016, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $650,000.00 in the form of a check payable to petitioner, Peter
Mulliken. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. 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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