VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00690 Package ID: USCOURTS-cofc-1_13-vv-00690 Petitioner: Gregory P. Brown Filed: 2013-09-17 Decided: 2014-06-26 Vaccine: influenza Vaccination date: 2010-10-11 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 156256 AI-assisted case summary: Gregory P. Brown filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2013. He alleged that a flu vaccination he received on October 11, 2010, caused him to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent denied that the flu vaccine caused petitioner's GBS or any other injury, and further denied that his current disabilities were sequelae of a vaccine-related injury. Despite these denials, both parties agreed to a joint stipulation filed on June 4, 2014, to settle the case. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Under the terms of the stipulation, the respondent agreed to pay petitioner a lump sum of $156,256.16, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $21,624.69 was to be paid jointly to petitioner and his attorney, Andrew R. Brown of the Law Offices of Andrew Brown, PLLC, for attorneys' fees and costs available under 42 U.S.C. § 300aa-15(e). No out-of-pocket expenses were incurred by the petitioner. The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests performed, or treatments received. The specific medical experts consulted by either party are also not named in the public decision. Theory of causation field: Petitioner Gregory P. Brown alleged that a flu vaccination received on October 11, 2010, caused Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on June 4, 2014, to settle the case. Special Master Thomas L. Gowen adopted the stipulation. The settlement awarded petitioner $156,256.16 for damages and $21,624.69 for attorney's fees and costs, payable to petitioner and his attorney, Andrew R. Brown. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered in reaching the stipulation. The case was resolved via joint stipulation, not through litigation of the causation theory. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00690-0 Date issued/filed: 2014-06-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/5/2014) regarding 49 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00690-UNJ Document 53 Filed 06/26/14 Page 1 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 13-0690V Filed: June 5, 2014 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * GREGORY P. BROWN, * * Petitioner, * v. * Stipulation; Flu; GBS; Attorney’s Fees and Costs * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Andrew R. Brown, Esq., Law Offices of Andrew Brown, PLLC, Nashville, TN for petitioner. Lisa Watts, Esq., U.S. Dept. of Justice, Washington, DC for respondent. DECISION ON JOINT STIPULATION1 Gowen, Special Master: Gregory P. Brown [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on September 17, 2013. Petitioner alleges that he suffered Guillain-Barre Syndrome [“GBS”] that was caused in fact by a flu vaccination he received on October 11, 2010. See Stipulation, filed June 4, 2014, at ¶¶ 2, 4. Further, petitioner alleges that he experienced residual effects of his injury for more than six months. Id. at ¶ 4. Respondent denies that the flu vaccine caused petitioner’s alleged GBS or any other injury, and further denies that his current disabilities are sequelae of a vaccine-related injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On June 4, 2014, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 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 (2006). Case 1:13-vv-00690-UNJ Document 53 Filed 06/26/14 Page 2 of 7 Respondent agrees to pay petitioner: (a) A lump sum of $156,256.16 in the form of a check payable to petitioner, Gregory P. Brown. This amount represents compensation for all damages that would be available under § 300aa-15(a). (b) A lump sum of $21,624.69 in the form of a check payable jointly to petitioner and petitioner’s attorney, Andrew R. Brown, for attorneys’ fees and costs available under § 300aa-15(e); and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition. The special master adopts the parties’ stipulation attached hereto, and awards 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/ Thomas L. Gowen Thomas L. Gowen 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. Case 1:13-vv-00690-UNJ Document 53 Filed 06/26/14 Page 3 of 7 Case 1:13-vv-00690-UNJ Document 53 Filed 06/26/14 Page 4 of 7 Case 1:13-vv-00690-UNJ Document 53 Filed 06/26/14 Page 5 of 7 Case 1:13-vv-00690-UNJ Document 53 Filed 06/26/14 Page 6 of 7 Case 1:13-vv-00690-UNJ Document 53 Filed 06/26/14 Page 7 of 7