VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00977
Package ID: USCOURTS-cofc-1_13-vv-00977
Petitioner: Jackie Hudson
Filed: 2013-12-11
Decided: 2015-05-28
Vaccine: influenza
Vaccination date: 2012-09-24
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 185713

AI-assisted case summary:
Theresa Hudson, as the personal representative of the estate of Jackie Hudson, filed a petition on December 11, 2013, alleging that an influenza vaccine administered on September 24, 2012, caused Mr. Hudson to suffer Guillain-Barré Syndrome (GBS). Mr. Hudson passed away on April 4, 2013. The petition did not allege that his death was a sequela of the vaccine-related injury. The respondent denied that the vaccine caused GBS or death. The parties reached a stipulation to settle the case, which Special Master Christian J. Moran adopted. The stipulation awarded a lump sum of $177,000.00 to the estate for all damages and $8,713.25 for attorneys' fees and costs, totaling $185,713.25. Petitioner was represented by Verne E. Paradie, Jr., and respondent was represented by Traci R. Patton. The decision was issued on May 28, 2015.

Theory of causation field:
Petitioner alleged that an influenza vaccine administered on September 24, 2012, caused Guillain-Barré Syndrome (GBS) in Jackie Hudson. Mr. Hudson passed away on April 4, 2013, but his death was not alleged to be a sequela of the GBS. Respondent denied the allegations. The parties reached a stipulation for settlement, which was adopted by Special Master Christian J. Moran. The stipulation awarded $177,000.00 for all damages and $8,713.25 for attorneys' fees and costs, totaling $185,713.25. The theory of causation was based on the Vaccine Injury Table. Petitioner was represented by Verne E. Paradie, Jr., and respondent by Traci R. Patton. The decision was issued on May 28, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00977-0
Date issued/filed: 2015-05-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/27/2015) regarding 35 DECISION Stipulation on Damages and Attorneys' Fees and Costs. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. (Additional attachment(s) added on 6/3/2015: #1 Attachment A) (jt1). Modified on 7/10/2019 to include the attachment(s) in the main document for posting to the courts website (da).
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Case 1:13-vv-00977-UNJ Document 39 Filed 05/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
THERESA HUDSON, *
as personal representative, * No. 13-977V
of the estate of JACKIE HUDSON, * Special Master Christian J. Moran
*
Petitioner, *
* Filed: April 27, 2015
v. *
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”);
* attorneys’ fees and costs.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Verne E. Paradie , Jr., Paradie Sherman Walker and Worden, Lewiston, ME, for
Petitioner;
Traci R. Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 8, 2015, the parties filed a joint stipulation concerning the petition
for compensation filed by Theresa Hudsonas the personal representative of the
estate of Jackie Hudson, deceased, on December 11, 2013. In her petition,
petitioner alleged that the influenza vaccine, which is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which Mr. Hudson received
onSeptember 24, 2012, caused him to suffer Guillain-Barré Syndrome (“GBS”).
Mr. Hudson passed away on April 4, 2013. Petitioner does not allege that Mr.
Hudson's death was the sequela of his alleged vaccine-related injury. Petitioner
represents that there has been no prior award or settlement of a civil action for
damages on Mr. Hudson’s behalf as a result of his alleged condition or his death.
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 parties have 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-00977-UNJ Document 39 Filed 05/28/15 Page 2 of 7
Respondent denies that the influenza vaccine caused petitioner to suffer
GBS or any other injury, or his death.
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 $177,000.00 in the form of a check payable to
petitioner, Theresa Hudson, as legal representative of the estate of
Jackie Hudson. 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 $8,713.25 in the form of a check payable jointly to
petitioner and petitioner's attorney, Verne E. Paradie, Jr., for
attorneys' fees and costs available under 42 U.S.C. § 300aa-15(e). In
compliance with General Order #9, petitioner represents that she
incurred no out-of-pocket litigation expenses in proceeding on the
petition.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-977V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202)
357-6360.
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

Case 1:13-vv-00977-UNJ Document 39 Filed 05/28/15 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAiMS
OFFICE OF SPECIAL MASTERS
THERESA IBJDSON, as personal )
representative of the estate of JACKIE )
HUDSON, )
) No. 13-977V
Petitioner, ) · Special Master Moran
v, ) ECF
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
·- ----"'----R'.- ~_t_. --~---·}
es""':p ._Q"'""n..P._ .....
STIPULATION
The pruties hereby stipulate to the following matters:
I. Theresa. Hudson ("petitioner"), as the personal representative of the estate of Jackie
Hudson ("Mr. Hudson"), deceased, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34 (the "Vaccine Program~').
The petition seeks compensation for injuries allegedly related to Mr. Hudson's receipt of an
influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3 (a).
2. Mr. Hudson received the flu vaccine on September 24, 2012.
3. The vaccine was administered within the United States.
4. Petitioner alleges that as a result ofr eceiving the flu vaccine, Mr. Ifudson suffered
Guillain-Barre Syndrome ("GBS"). Mr. Hudson passed away on April 4, 2013. Petitioner does
not allege that Mr. Hudson's death was the sequel~ ofhls alleged vaccine-related injury.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on behalf of Mr. Hudson as a result of his alleged condition or his death.

Case 1:13-vv-00977-UNJ Document 39 Filed 05/28/15 Page 4 of 7
6. Respondent denies.that the flu vaccine caused Mr. Hudson's alleged GBS, any other
injury, or his death.
7. Maintah1ing their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in pa~agraph 8 of this Stipulation.
8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary ofHcalth and Human Services wlll issue
the following vaccine compensation payments:
a. A lump sum of $177,000.00 in the form of a check payable to petitioner,
as legal representative of the estate of Jackie Hudson. This amount
represents compensation for aU damages that would be avaiJable under
42 U.S.C. § 300aa-15(a); and
b. A lump sum of$8,713.25 in the form of'a check payable jointly to
petitioner and petitioner's attorney, Verne E:Poradie, Jr., for.attorne:r.s'
fees and costs available under 42·U.S.C. § 300aa-l S(e). In compliance
with General Order #9, petition~r represents that she incurred no out-of
pocket litigation expenses in proceeding on the petition.
9. Petitioner and her attorney represent that lhey have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable' under 42
U.S.C. § 300aa-i5(g), including State compensation progr~ms, insurmice policies, Federal or
State health benefits programs (other than Title XIX oft he Social Security Act (42 U.S.C.
§ 1396 et seq.)), or entities that provide health services on a pre-paid basis.
10. Payments made pursuant to paragraph 8 of this Stipulation will be made in
accordance with 42 U.S.C. § 300aa-l 5(i), subject to the availability of sufficient statutory fi.mds.
11. Petitioner represents that she presently is, or within 90 days of the date ofj udgment
will become, duly authorized to serve as legal representative of the estate of Jackie Hudson under
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the laws of the State of Maine. No payments pursuant to this Stipulation shall be made until
petitioner provides the Secretary with documentation establishing her appointment as legal
representative of the estate of Jackie Hudson. If petitioner is not authorized by a court of
competentjurisdiction to serve as legal representative of the esfate of Jackie Hudson at the. time a
payment pursuant to this Stipulation is to be made, any such payment shall be paid to the party or
parties appointed by a court of competent jurisdiction to ~crve as legal representative of the
estate of Jackie Hudson upon submission of written documentation of such appointment to the
Secretary.
12. In return for the payments described io paragraph 8, petitioner, in her individual
capacity, and as the personal representative of the estate of Jackie Hudson, on behalf of the
estate's heirs, excc.utors, administrators, successors or assigns, does forever irrevocably and
w1conditionally release, acquit and discharge the United States.and the Secretary of Health and
Human Services from any and all.actions or causes of action (including agreements, judgments,
claims, damages, loss of services, expenses and all demands of whatever kind or noture) that
have been brought, could have been brought, or could bo timely brought in the Court of Federal
Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-J0 et seq.,
on account of, or in any way· growing out of, any and all known or unknown, suspected or
unsuspected personal injuries to or death of Mr. Hudson resulting from, or alleged to have
resulted from, the flu vaccine administered on September 24, 2012, as alleged by petitioner in a
petition for vaccine compensation filed on or about December 11, 201'.3, in the United States
Court ofrcderal Clajms as petition No. 13-977V.
13. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or ifthe United States Court of Federal Claims fails to enter judgment in
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confom1ity with a decision that is in complete confonnity with the terms of Utis Stipula1ion, then
the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.
14. This Stipulation expresses a fuU and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Jnj ury Act of 1986, as amended. There
is absolutely no agreement on the part of the parties hereto to make any payment or do any act or
thing other than is herein expressly stated.and clearly agreed to. The parties further agree and
understand that the award described in this Stipulation may reflect a compromise of the parties'
respective positions as to liability and/o~ amount of damages.
15. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Se~-vices that the flu vaccine caused Mr. Hudson's alleged GBS,
any other injury, or his death.
16. AJJ rights and obligations of petitioner in her capacity as the personal representative
of the estate of Jackie Hudson shall apply equally to petitioner's heirs, executors, administrators,
successors, and/or assigns;
END OF STJPULA TION
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RespectfuJly submitted,
4TTORNEYOFRECORDFOR AUTHORIZED REPRESEN)'ATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~l?v;~\
I . ./ · - -
~ffiADIE,
JR •. vr CENT J.. t\tANOSKI
PARADlE, SHERMAN, WALKER Deputy Director
&WORDEN TortS Branch
11 Li$bon Street Civil Division
Suite 202 U. S. Department of Justice
Lewiston, ME 04242 P.O. Box 146
Te(: (207) 344-9362 Benjamin Franklin Station
Washington, DC 20044:0146
AUTHORIZED REP~ESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND llUMAN SERVICES:
~'J:ON,
JwAR.~
A. M.i>.; M.P.H., FAAP TRACI R. PATTON .
Dlrector, Division of Injury Compensatiop Senior Trfal Attorney
Programs (DICP) Torts Branch
Healthcare Systems ·Bureau Civil Divisfon
U.S. Deparfment of Health and Human Services U: S .. Department of Justice
5600 Fishers Lane P.O. Box 146
Patidawri Building, Mail Stop 11 C-26 Benjamin Franklin Station
Rockville, MD 20857 Washington, DC.20044-0146
Tel: (202) 35·3-1589
DATE~ .!fpr ~, :Jor(.
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