VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00802
Package ID: USCOURTS-cofc-1_13-vv-00802
Petitioner: Debra Kuhn
Filed: 2015-01-12
Decided: 2015-01-12
Vaccine: influenza
Vaccination date: 2011-09-13
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 165000

AI-assisted case summary:
Debra Kuhn filed a petition under the National Vaccine Injury Compensation Program on October 15, 2013, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on September 13, 2011. She further alleged that she experienced residual effects from these injuries for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on January 9, 2015, agreeing to an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The parties stipulated that Debra Kuhn would receive a lump sum of $165,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program. Judgment was to be entered accordingly, with the clerk of the court to enter judgment in accordance with the terms of the parties' stipulation.

Theory of causation field:
Petitioner Debra Kuhn alleged that an influenza vaccine administered on September 13, 2011, caused her Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Nora Beth Dorsey adopted. The stipulation resulted in an award of $165,000.00. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner counsel was Diana Stadelnikas Sedar of Maglio, Christopher & Toale, PA, and respondent counsel was Julia Wernett McInerny of the United States Department of Justice. The decision date was January 12, 2015.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00802-0
Date issued/filed: 2015-02-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/12/2015) regarding 28 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00802-UNJ Document 33 Filed 02/02/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-802V
Filed: January 12, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DEBRA L. KUHN, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza (Flu) vaccine; Guillain-
AND HUMAN SERVICES, * Barré Syndrome (GBS)
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio, Christopher & Toale, PA, Sarasota, FL, for petitioner.
Julia Wernett McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On October 15, 2013, Debra Kuhn (“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 she suffered from Guillain-Barré syndrome as a result of an influenza (“flu”) vaccine that
was administered to her on September 13, 2011. See Petition at 1. Petitioner further alleged that
she experienced the residual effects of these injuries for more than six months. Id. at 2.
On January 9, 2015, the parties filed a stipulation, stating that a decision should be
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-00802-UNJ Document 33 Filed 02/02/15 Page 2 of 7
entered awarding compensation.
Respondent denies that the flu vaccine caused petitioner’s GBS 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $165,000.00, in the form of a check payable to petitioner. This amount
represent 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

Case 1:13-vv-00802-UNJ Document 33 Filed 02/02/15 Page 3 of 7

Case 1:13-vv-00802-UNJ Document 33 Filed 02/02/15 Page 4 of 7

Case 1:13-vv-00802-UNJ Document 33 Filed 02/02/15 Page 5 of 7

Case 1:13-vv-00802-UNJ Document 33 Filed 02/02/15 Page 6 of 7

Case 1:13-vv-00802-UNJ Document 33 Filed 02/02/15 Page 7 of 7