VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00729 Package ID: USCOURTS-cofc-1_13-vv-00729 Petitioner: Sylvia Turlo Filed: 2013-09-25 Decided: 2016-02-02 Vaccine: influenza Vaccination date: 2010-10-20 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 156181 AI-assisted case summary: Sylvia Turlo filed a petition on September 25, 2013, alleging that an influenza (flu) vaccination she received on October 20, 2010, caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury. The parties, represented by Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C. for the petitioner and Althea W. Davis for the respondent, agreed to a joint stipulation filed on January 9, 2015, to settle the case. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a total of $156,181.10. This amount consisted of a lump sum of $115,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a), and an additional $41,181.10 to reimburse a Maine Medicaid lien. The reimbursement was payable jointly to petitioner Sylvia Turlo and the State of Maine. Theory of causation field: Petitioner Sylvia Turlo alleged that an influenza vaccine received on October 20, 2010, caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on January 9, 2015, to resolve the claim. Special Master Christian J. Moran adopted the stipulation as the Court's decision. The award totaled $156,181.10, comprising a $115,000.00 lump sum for damages under 42 U.S.C. § 300aa-15(a) and $41,181.10 for a Maine Medicaid lien, payable jointly to the petitioner and the State of Maine. Petitioner was represented by Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent was represented by Althea W. Davis. The public decision does not describe the specific medical experts, onset, symptoms, tests, treatments, or the precise mechanism of causation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00729-0 Date issued/filed: 2015-02-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/12/2015) regarding 37 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00729-UNJ Document 41 Filed 02/12/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * SYLVIA TURLO, * No. 13-729V * Special Master Christian J. Moran Petitioner, * v. * Filed: January 12, 2015 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine, AND HUMAN SERVICES, * Guillain- Barré syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner; Althea W. Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On January 9, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Sylvia Turlo on September 25, 2013. In her petition, Ms. Turlo alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on October 20, 2010, caused her to suffer Guillain-Barré Syndrome (“GBS”). Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged vaccine injury. Respondent denies that the flu vaccine caused petitioner’s Guillain-Barré Syndrome or any other injury or her current disabilities. 1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:13-vv-00729-UNJ Document 41 Filed 02/12/15 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A. A lump sum of $115,000.00 in the form of a check payable to petitioner, Sylvia Turlo. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); and B. A lump sum of $41,181.10, representing compensation for satisfaction of the States of Maine Medicaid lien, in the form of a check payable jointly to petitioner and Treasurer, State of Maine (Federal Tax ID 016000001) DHHS/Office of Maine Care Svcs 11 State House Station Augusta, ME 04333-0011 Attn: Cindy Boucher – Third Party Liability 207-287-1940 Petitioner agrees to endorse this check to the State of Maine Treasurer. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 13-729V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6353. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 CCaassee 11::1133--vvvv--0000772299--UUNNJJ DDooccuummeenntt 3461 FFiilleedd 0012//0192//1155 PPaaggee 13 ooff 57 CCaassee 11::1133--vvvv--0000772299--UUNNJJ DDooccuummeenntt 3461 FFiilleedd 0012//0192//1155 PPaaggee 24 ooff 57 CCaassee 11::1133--vvvv--0000772299--UUNNJJ DDooccuummeenntt 3461 FFiilleedd 0012//0192//1155 PPaaggee 35 ooff 57 CCaassee 11::1133--vvvv--0000772299--UUNNJJ DDooccuummeenntt 3461 FFiilleedd 0012//0192//1155 PPaaggee 46 ooff 57 CCaassee 11::1133--vvvv--0000772299--UUNNJJ DDooccuummeenntt 3461 FFiilleedd 0012//0192//1155 PPaaggee 57 ooff 57