VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00643 Package ID: USCOURTS-cofc-1_13-vv-00643 Petitioner: Barry S. Dezern Filed: 2013-09-04 Decided: 2016-11-14 Vaccine: influenza Vaccination date: 2010-11-02 Condition: Guillain–Barré syndrome (GBS) and/or Chronic Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 186883 AI-assisted case summary: Barry S. Dezern filed a petition on September 4, 2013, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza (flu) vaccine he received on November 2, 2010, caused him to develop Guillain-Barré syndrome (GBS) and/or Chronic Demyelinating Polyneuropathy (CIDP). The respondent denied that the flu vaccine caused the petitioner's conditions or any other injury. Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on January 21, 2016, to settle the case. Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation awarded a lump sum of $140,000.00 to the petitioner for all damages available under Section 15(a) of the Act. Additionally, a lump sum of $46,883.33 was awarded, payable to both the petitioner and The North Carolina Division of Medical Assistance, to satisfy any right of subrogation, assignment, claim, or lien the State of North Carolina might have related to Medicaid payments made for Mr. Dezern's alleged vaccine-related injury. The petitioner agreed to endorse this payment to the State of North Carolina. The total compensation awarded was $186,883.33. Petitioner's counsel was Franklin J. Caldwell, Jr. of Maglio, Christopher & Toale. Respondent's counsel was Claudia B. Gangi of the U.S. Dep’t of Justice. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision. Theory of causation field: Petitioner Barry S. Dezern alleged that an influenza vaccine administered on November 2, 2010, caused him to develop Guillain-Barré syndrome (GBS) and/or Chronic Demyelinating Polyneuropathy (CIDP). The respondent denied causation. The parties reached a joint stipulation on January 21, 2016, to settle the claim. Special Master Brian H. Corcoran adopted the stipulation, awarding $140,000.00 for general damages and $46,883.33 to satisfy the North Carolina Medicaid lien, totaling $186,883.33. The public decision does not detail the specific medical experts, the mechanism of injury, or the clinical progression of the alleged conditions. Petitioner was represented by Franklin J. Caldwell, Jr. (Maglio, Christopher & Toale), and Respondent was represented by Claudia B. Gangi (U.S. Dep’t of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00643-0 Date issued/filed: 2016-03-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/21/2016) Regarding 43 DECISION Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00643-UNJ Document 47 Filed 03/07/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-643V * * * * * * * * * * * * * * * * * * * * * * * * * * Filed: January 21, 2016 BARRY S. DEZERN, * * Petitioner, * * Decision by Stipulation; Damages; v. * Influenza (“Flu”) Vaccine; * Guillain–Barré Syndrome (“GBS”); Chronic SECRETARY OF HEALTH * Demyelinating Polyneuropathy (“CIDP”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Franklin J. Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for Petitioner. Claudia B. Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 4, 2013, Barry S. Dezern filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he developed Guillain–Barré syndrome (“GBS”) and/or Chronic Demyelinating Polyneuropathy (“CIDP”) as a result of his November 2, 2010, receipt of the influenza (“flu”) vaccine. Respondent denies the flu vaccine caused Petitioner to suffer from GBS and/or CIDP, any other injury, or his current condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on January 21, 2016) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. 1 Because this decision contains a reasoned explanation for my actions in this case, I will post it 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 published decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)). Case 1:13-vv-00643-UNJ Document 47 Filed 03/07/16 Page 2 of 7 I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) 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 $46,883.33 in the form of a check payable to Petitioner and The North Carolina Division of Medical Assistance, Office of the Controller, 2022 Mail Service Center, Raleigh, NC 27699-2022. Petitioner agrees to endorse this payment to the State of Carolina. This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of North Carolina may have against any individual as a result of any Medicaid payments the State of North Carolina has made to or on behalf of Barry S. Dezern from the date of his eligibility for benefits through the date of judgment in this case as a result of his alleged vaccine-related injury suffered on or about December 4, 2010, under Title XIX of the Social Security Act; and  A lump sum of $140,000.00 in the form of a check payable to Petitioner. This amounts represents compensation for all damages that would be available under Section 15(a) of the Act. Stipulation ¶ 8. I approve a Vaccine Program award in the requested amounts 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 each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:13-vv-00643-UNJ Document 47 Filed 03/07/16 Page 3 of 7 Case 1:13-vv-00643-UNJ Document 47 Filed 03/07/16 Page 4 of 7 Case 1:13-vv-00643-UNJ Document 47 Filed 03/07/16 Page 5 of 7 Case 1:13-vv-00643-UNJ Document 47 Filed 03/07/16 Page 6 of 7 Case 1:13-vv-00643-UNJ Document 47 Filed 03/07/16 Page 7 of 7