VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00714
Package ID: USCOURTS-cofc-1_13-vv-00714
Petitioner: David Farnsworth
Filed: 2013-09-23
Decided: 2015-09-09
Vaccine: influenza
Vaccination date: 2011-11-10
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 280000

AI-assisted case summary:
David Farnsworth filed a petition on September 23, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination administered on November 10, 2011, caused him to suffer a demyelinating injury. Although the initial petition did not specifically name Guillain-Barré syndrome (GBS), Mr. Farnsworth ultimately proceeded on that theory. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Farnsworth's GBS or any other injury or disability. On August 14, 2015, both parties filed a joint stipulation to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As part of the stipulation, Mr. Farnsworth was awarded a lump sum of $280,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Danielle Anne Strait of Maglio, Christopher and Toale, PA, and Respondent was represented by Claudia Barnes Gangi of the United States Department of Justice. The decision was issued on September 9, 2015.

Theory of causation field:
Petitioner David Farnsworth alleged that an influenza vaccine administered on November 10, 2011, caused a demyelinating injury, which was later stipulated as Guillain-Barré syndrome (GBS). The parties reached a joint stipulation on August 14, 2015, to resolve the case, with the respondent denying causation. Special Master Lisa Hamilton-Fieldman approved the stipulation, awarding Petitioner a lump sum of $280,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Danielle Anne Strait, and Respondent's counsel was Claudia Barnes Gangi. The decision was issued on September 9, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00714-0
Date issued/filed: 2015-09-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/17/2015) regarding 47 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00714-UNJ Document 55 Filed 09/09/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-714V
Filed: August 17, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DAVID FARNSWORTH, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“flu”) vaccine;
* Demyelinating Injury; Guillain-
SECRETARY OF HEALTH * Barré syndrome (“GBS”).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Danielle Anne Strait, Maglio, Christopher and Toale, PA, Washington, D.C., for Petitioner.
Claudia Barnes Gangi, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On September 23, 2013, David Farnsworth (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that an influenza (“flu”) vaccination administered on November 10, 2011
caused him to suffer from a demyelinating injury.3
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.
3 Although the petition did not identify Guillain-Barré syndrome (“GBS”) as Petitioner’s alleged
injury, Petitioner ultimately proceeded on that theory. See, e.g., Order, filed November 15, 2013,
at 1. The attached Stipulation lists GBS as the alleged injury.
1

Case 1:13-vv-00714-UNJ Document 55 Filed 09/09/15 Page 2 of 7
On August 14, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccine caused
Petitioner’s alleged GBS, any other injury, or his current disabilities. However, 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 $280,000.00 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.4
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
4 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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