VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00728
Package ID: USCOURTS-cofc-1_13-vv-00728
Petitioner: Janine Kadile
Filed: 2013-09-25
Decided: 2015-12-17
Vaccine: influenza
Vaccination date: 2010-10-14
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 190000

AI-assisted case summary:
On September 25, 2013, Janine Kadile filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 14, 2010, caused a neurological demyelinating injury. The petitioner later amended her claim to specify Guillain-Barré syndrome (GBS) as the injury. The respondent denied that the flu vaccine caused the petitioner's GBS or any other injury. On March 3, 2015, both parties filed a joint stipulation to settle the case. Special Master Lisa Hamilton-Fieldman found the stipulation to be reasonable and adopted it as the decision of the Court. The stipulation provided that the petitioner would receive a lump sum of $190,000.00, payable to Petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision does not describe the petitioner's specific symptoms, medical history, diagnostic tests, or treatments. The public decision does not name the petitioner's counsel or the respondent's counsel, other than identifying the law firm representing the petitioner. The decision does not detail the specific medical experts or the scientific basis for the causation theory, as the case was resolved via stipulation.

Theory of causation field:
Petitioner Janine Kadile alleged that an influenza vaccine received on October 14, 2010, caused a neurological demyelinating injury, later amended to Guillain-Barré syndrome (GBS). The parties filed a joint stipulation on March 3, 2015, agreeing to a settlement. Respondent denied causation. Special Master Hamilton-Fieldman adopted the stipulation as the decision. Petitioner was awarded $190,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings. Attorneys for petitioner were from Conway, Homer & Chin-Caplan, P.C. Counsel for respondent was identified as Claudia Gangi from the United States Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00728-0
Date issued/filed: 2015-03-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/04/2015) regarding 34 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:13-vv-00728-UNJ Document 38 Filed 03/27/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-728V
Filed: March 4, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
JANINE KADILE, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Claudia Gangi, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On September 25, 2013, Janine Kadile (“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, as a result of the administration of an influenza (“flu”) vaccine on
October 14, 2010, she suffered from a neurological demyelinating injury. Petitioner later
amended her claim to reflect Guillain-Barré syndrome (“GBS”) as her alleged injury. See
Amended Petition, filed October 11, 2013.
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-00728-UNJ Document 38 Filed 03/27/15 Page 2 of 7
On March 3, 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 her current disabilities. 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 $190,000.00, 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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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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