VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00831 Package ID: USCOURTS-cofc-1_13-vv-00831 Petitioner: Robin Harrison Filed: 2013-10-23 Decided: 2017-01-17 Vaccine: influenza Vaccination date: 2010-11-02 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 81000 AI-assisted case summary: Robin Harrison filed a petition on October 23, 2013, alleging that an influenza vaccine administered on November 2, 2010 caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused Petitioner's GBS or any other injury. However, both parties filed a joint stipulation on November 30, 2016, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $81,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Nicholas E. Bunch of White, Getgey & Meyer represented the Petitioner, and Jennifer L. Reynaud of the United States Department of Justice represented the Respondent. Theory of causation field: Petitioner Robin Harrison alleged that an influenza vaccine administered on November 2, 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 for award on November 30, 2016. Special Master Lisa Hamilton-Fieldman approved the stipulation, finding it reasonable. Petitioner was awarded $81,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific medical mechanism, expert testimony, or the basis for the stipulation. Attorneys involved were Nicholas E. Bunch for Petitioner and Jennifer L. Reynaud for Respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00831-0 Date issued/filed: 2016-12-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/30/2016) regarding 52 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jk) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00831-UNJ Document 57 Filed 12/30/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-831V Filed: November 30, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED ROBIN HARRISON, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Influenza Vaccine; Guillain-Barré * Syndrome. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Nicholas E. Bunch, White, Getgey & Meyer, Cincinnati, OH, for Petitioner. Jennifer L. Reynaud, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On October 23, 2013, Robin Harrison (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of an influenza (“flu”) vaccine administered on November 2, 2010, she developed Guillain-Barré Syndrome (“GBS”). See Stipulation for Award at ¶ 2, 4, filed Nov. 30, 2016. Petitioner further alleged that she suffered residual effects of these injuries for more than six months. Id. at ¶ 4. On November 30, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Respondent denies that the flu vaccine 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. § 3501 note (2012). 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-00831-UNJ Document 57 Filed 12/30/16 Page 2 of 7 caused Petitioner’s GBS and residual effects, 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 stipulate that Petitioner shall receive the following compensation: A lump sum of $81,000.00, 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). Id. at ¶ 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 Case 1:13-vv-00831-UNJ Document 57 Filed 12/30/16 Page 3 of 7 Case 1:13-vv-00831-UNJ Document 57 Filed 12/30/16 Page 4 of 7 Case 1:13-vv-00831-UNJ Document 57 Filed 12/30/16 Page 5 of 7 Case 1:13-vv-00831-UNJ Document 57 Filed 12/30/16 Page 6 of 7 Case 1:13-vv-00831-UNJ Document 57 Filed 12/30/16 Page 7 of 7