VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00660
Package ID: USCOURTS-cofc-1_13-vv-00660
Petitioner: Thomas Weil
Filed: 2013-09-10
Decided: 2014-11-18
Vaccine: influenza
Vaccination date: 2012-10-30
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
On September 10, 2013, Thomas Weil filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine he received on October 30, 2012, caused him to develop Guillain-Barré Syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury. Despite this denial, both parties filed a joint stipulation on April 24, 2014, agreeing to a settlement. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As per the stipulation, petitioner Thomas Weil was awarded a lump sum of $100,000.00, payable by check to petitioner. This amount was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The decision was posted on the United States Court of Federal Claims website, with parties having 14 days to request redactions for trade secrets, confidential information, or medical files that could constitute an unwarranted invasion of privacy. Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed.

Theory of causation field:
Petitioner Thomas Weil alleged that an influenza vaccine administered on October 30, 2012, caused him to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation on April 24, 2014, agreeing to compensation. Special Master Nora Beth Dorsey approved the stipulation. Petitioner was awarded $100,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Sherry K. Drew of McDowell & Drew, Ltd. Respondent's counsel was Lindsay Corliss. The decision date was November 18, 2014, though the stipulation was filed April 24, 2014. The public decision does not describe the specific medical onset, symptoms, tests, treatments, or expert testimony, nor does it detail the mechanism of causation beyond the alleged vaccine-GBS link.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00660-0
Date issued/filed: 2014-05-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/24/2014) regarding 20 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00660-UNJ Document 25 Filed 05/15/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-660V
Filed: April 24, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
THOMAS WEIL, *
* Special Master Dorsey
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine; Guillain-
* Barré Syndrome (GBS)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Sherry K. Drew, McDowell & Drew, Ltd., Glenview, IL, for petitioner.
Lindsay Corliss, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On September 10, 2013, Thomas Weil (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). The
petition alleges that petitioner received an influenza (“flu”) vaccination on October 30, 2012, and
that the flu vaccine caused him to develop Guillain-Barré Syndrome (“GBS”). See Petition at 1-
2.
On April 24, 2014, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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).
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. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00660-UNJ Document 25 Filed 05/15/14 Page 2 of 7
Respondent denies that the influenza vaccine is the cause of petitioner’s alleged GBS
and/or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $100,000.00, 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.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 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

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