VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00059 Package ID: USCOURTS-cofc-1_14-vv-00059 Petitioner: Corey Velk Filed: 2014-01-24 Decided: 2015-12-16 Vaccine: influenza Vaccination date: 2011-01-25 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 162500 AI-assisted case summary: Corey Velk filed a petition on January 24, 2014, alleging that an influenza vaccination administered on January 25, 2011, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied that the flu vaccine caused Petitioner's condition. However, the parties filed a joint stipulation for damages, agreeing that Petitioner should receive compensation. The stipulation stated that Petitioner would receive a lump sum of $162,500.00 for all damages. Special Master Lisa Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court, ordering that judgment be entered in accordance with the stipulation. The decision was issued on December 16, 2015. Petitioner was represented by Nicholas E. Bunch of White, Getgey & Meyer, and Respondent was represented by Jennifer L. Reynaud of the United States Department of Justice. Theory of causation field: Petitioner Corey Velk alleged that an influenza vaccine administered on January 25, 2011, caused her to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award of $162,500.00. Special Master Lisa Hamilton-Fieldman approved the stipulation, finding it reasonable and adopting it as the decision of the Court. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. The award was a lump sum of $162,500.00. The decision was issued on December 16, 2015. Petitioner's counsel was Nicholas E. Bunch, and Respondent's counsel was Jennifer L. Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00059-0 Date issued/filed: 2015-12-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/24/2015) regarding 38 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00059-UNJ Document 39 Filed 12/16/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-59V Filed: November 24, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED COREY VELK, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”). 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 January 24, 2014, Corey Velk (“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 an influenza (“flu”) vaccination administered on January 25, 2011 caused her to develop Guillain-Barré Syndrome (“GBS”). Petition (“Pet.”) at 1-2. On November 24, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Stipulation, ECF No. 37. Respondent denies that the flu vaccine caused Petitioner’s condition, residual effects, or any other injury. However, the 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, 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 1:14-vv-00059-UNJ Document 39 Filed 12/16/15 Page 2 of 7 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 $162,500.00 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). 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 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 1:14-vv-00059-UNJ Document 39 Filed 12/16/15 Page 3 of 7 Case 1:14-vv-00059-UNJ Document 39 Filed 12/16/15 Page 4 of 7 Case 1:14-vv-00059-UNJ Document 39 Filed 12/16/15 Page 5 of 7 Case 1:14-vv-00059-UNJ Document 39 Filed 12/16/15 Page 6 of 7 Case 1:14-vv-00059-UNJ Document 39 Filed 12/16/15 Page 7 of 7