VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00974
Package ID: USCOURTS-cofc-1_13-vv-00974
Petitioner: Angel Davis
Filed: 2013-12-11
Decided: 2014-11-24
Vaccine: influenza
Vaccination date: 2010-12-16
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 81167

AI-assisted case summary:
Angel Davis filed a petition on December 11, 2013, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccination received on December 16, 2010. She further alleged that she experienced residual effects from the injury for more than six months. The respondent denied that the flu vaccine caused her GBS or any other injury. The parties subsequently filed a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted. The decision, entered on November 24, 2014, awarded Angel Davis a total of $81,167.06. This amount comprised a lump sum of $67,500.00 for all damages, a lump sum of $5,000.00 to satisfy a Medicaid lien from the State of Illinois, and a lump sum of $8,667.06 for attorney's fees and costs, payable jointly to petitioner and her attorney, Mark Krueger. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Angel Davis alleged that an influenza vaccine received on December 16, 2010, caused Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Special Master Nora Beth Dorsey. The stipulation resulted in an award of $81,167.06, including $67,500.00 for damages, $5,000.00 for a Medicaid lien, and $8,667.06 for attorney's fees and costs. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the GBS.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00974-0
Date issued/filed: 2014-11-24
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/03/2014) regarding 20 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer,, Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00974-UNJ Document 24 Filed 11/24/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-974V
Filed: November 3, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
ANGEL DAVIS, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza vaccine; Guillain-Barré
AND HUMAN SERVICES, * Syndrome (GBS); Attorney’s Fees
* and Costs; Reasonable Amount to
Respondent. * Which Respondent does not Object.
*
* * * * * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for petitioner.
Althea Walker Davis, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On December 11, 2013, Angel Davis (“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 Guillain-Barré syndrome (GBS) as a result of an influenza
(“flu”) vaccination that she received on December 16, 2010. See Petition at 1. Petitioner further
alleged that she experienced the residual effects of these injuries for more than six months. Id.
On November 3, 2014, 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-00974-UNJ Document 24 Filed 11/24/14 Page 2 of 8
entered awarding compensation.
Respondent denies the flu vaccine caused petitioner’s Guillain-Barre syndrome or 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 stipulated that petitioner shall receive the following compensation:
(a) A lump sum of $67,500.00, 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).
(b) A lump sum of $5,000.00, representing compensation for satisfaction of the State of
Illinois Medicaid lien, in the form of a check payable jointly to petitioner and
Illinois Department of Healthcare and Family Services
Bureau of Collections
Technical Recovery Section
P.O. Box 19174
Springfield, Illinois 62794-9174
Case No. 04-091-0000093585
Attn: Kevin Thorton
Petitioner agrees to endorse this payment to the Illinois Department of Healthcare and
Family Services, Bureau of Collections; and
(c) A lump sum of $8,667.06, in the form of a check payable jointly to petitioner and
petitioner’s attorney, Mark Krueger, for attorney’s fees and costs available under
42 U.S.C. § 300aa-15(e), and in compliance with General Order #9, no out-of-pocket
expenses were incurred by petitioner in proceeding on the petition.
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
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-00974-UNJ Document 24 Filed 11/24/14 Page 3 of 8
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3

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