VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00930
Package ID: USCOURTS-cofc-1_13-vv-00930
Petitioner: Debbie Bretag
Filed: 2013-11-22
Decided: 2016-10-20
Vaccine: influenza
Vaccination date: 2011-11-22
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 827317

AI-assisted case summary:
Debbie Bretag filed a petition on November 22, 2013, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on November 22, 2011. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Bretag's GBS or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite this denial, the parties filed a joint stipulation on damages on October 20, 2016. The stipulation stated that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Ms. Bretag was awarded a lump sum of $800,311.47 for first-year life care expenses, pain and suffering, past and future lost earnings, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract was awarded. The parties renounced their right to seek review, expediting the entry of judgment.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00930-0
Date issued/filed: 2016-11-17
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 10/20/2016) regarding 51 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00930-UNJ Document 55 Filed 11/17/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-930V
Filed: October 20, 2016
* * * * * * * * * * * * * UNPUBLISHED
DEBBIE BRETAG, *
*
Petitioner, * Special Master Gowen
*
v. * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Guillain-Barré Syndrome (“GBS”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Claudia B. Gangi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On November 22, 2013, Debbie Bretag (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012).
Petitioner alleged that as a result of receiving an influenza (“flu”) vaccine on November 22,
2011, she suffered Guillain-Barré Syndrome (“GBS”). Petition at ¶¶ 1, 7.
On October 20, 2016, 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 to suffer from GBS, or any other injury, and denies that her current disabilities are
sequelae of a vaccine-related injury. Stipulation at ¶ 6. Nevertheless, the parties agree to the
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, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). 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 (2012) (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-00930-UNJ Document 55 Filed 11/17/16 Page 2 of 9
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 in compensation:
a. A lump sum of $800,311.47 in the form of a check payable to petitioner. This
amount represents compensation for first year life care expenses ($8,276.00), pain
and suffering ($200,000.00), past and future lost earnings ($565,029.11), and past
unreimbursable expenses ($27,006.36); and
b. An amount sufficient to purchase the annuity contract described in paragraph 10 of
the stipulation, paid to the life insurance company from which the annuity will be
purchased.
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
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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