VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-01018 Package ID: USCOURTS-cofc-1_13-vv-01018 Petitioner: Krista Schultz Filed: 2013-12-26 Decided: 2017-05-01 Vaccine: influenza Vaccination date: 2012-10-04 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 800000 AI-assisted case summary: Krista Schultz filed a petition for compensation under the National Vaccine Injury Compensation Program on December 26, 2013, alleging that she suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 4, 2012. She further alleged that her symptoms persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Schultz's alleged GBS or any other injury, and denied that her current disabilities resulted from a vaccine-related injury. Despite these denials, the parties filed a joint stipulation for damages on April 5, 2017, agreeing that Ms. Schultz should receive compensation. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. The parties stipulated that Ms. Schultz would receive a lump sum of $800,000.00, payable by check to the petitioner, representing compensation for all available damages. Judgment was to be entered accordingly, with the parties having jointly filed notice renouncing the right to seek review. Franklin J. Caldwell, Jr. represented the petitioner, and Christine M. Becer represented the respondent. Theory of causation field: Krista Schultz alleged that an influenza vaccine administered on October 4, 2012, caused her to suffer from Guillain-Barre Syndrome (GBS) with symptoms persisting for more than six months. The respondent denied causation. The parties entered into a joint stipulation for damages, agreeing to an award of $800,000.00 as a lump sum. The Special Master adopted the stipulation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence presented. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-01018-0 Date issued/filed: 2017-05-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 4/5/2017) regarding 63 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (jk) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-01018-UNJ Document 67 Filed 05/01/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-1018 Filed: April 5, 2017 * * * * * * * * * * * * * * Special Master Sanders KRISTA SCHULTZ, * * Joint Stipulation on Damages; Influenza Petitioner, * (“Flu”) Vaccine; Guillain-Barre Syndrome * (“GBS”). v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Franklin J. Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for Petitioner. Christine M. Becer, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On December 26, 2013, Krista Schultz (“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 October 4, 2012, she suffered from Guillain-Barre Syndrome (“GBS”). See Stipulation for Award at ¶¶ 1- 4, filed April 5, 2017. Petitioner further alleged that she experienced symptoms of this injury for more than six months. Id. at ¶ 4. On April 5, 2017, 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 caused 1 This decision shall be posted on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access. 2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act,” “the Act,” or “the Program”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:13-vv-01018-UNJ Document 67 Filed 05/01/17 Page 2 of 7 Petitioner’s alleged GBS or any other injury, and denies that Petitioner’s current disabilities are the result of a vaccine-related 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 $800,000.00 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/Herbrina D. Sanders Herbrina D. Sanders 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-01018-UNJ Document 67 Filed 05/01/17 Page 3 of 7 Case 1:13-vv-01018-UNJ Document 67 Filed 05/01/17 Page 4 of 7 Case 1:13-vv-01018-UNJ Document 67 Filed 05/01/17 Page 5 of 7 Case 1:13-vv-01018-UNJ Document 67 Filed 05/01/17 Page 6 of 7 Case 1:13-vv-01018-UNJ Document 67 Filed 05/01/17 Page 7 of 7