VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00069 Package ID: USCOURTS-cofc-1_14-vv-00069 Petitioner: Brian Patterson Filed: 2014-01-27 Decided: 2015-03-02 Vaccine: influenza Vaccination date: 2011-11-10 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 320000 AI-assisted case summary: On January 27, 2014, Frances Patterson, administrator of the estate of Brian Patterson, filed a petition under the National Vaccine Injury Compensation Program. Initially, the petition concerned a tetanus-diphteria-acellular-pertussis (Tdap) vaccine. On October 7, 2014, the petition was amended to include an influenza (flu) vaccine administered on November 10, 2011, and a Tdap vaccine administered on December 28, 2011. The amended petition alleged that these vaccines caused Brian Patterson to develop Guillain-Barré syndrome (GBS), which ultimately led to his death on February 15, 2012. The respondent, the Secretary of Health and Human Services, denied that the Tdap and/or flu vaccines caused Brian Patterson's alleged GBS, any other injury, or his death. Despite this denial, the parties reached a joint stipulation for damages, which was filed on February 9, 2015. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Brian Patterson's estate a lump sum of $320,000.00, payable to petitioner as the legal representative of the estate, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on March 2, 2015, following the parties' agreement to forgo review. Ronald Craig Homer represented the petitioner, and Julia Wernett McInerny represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests, treatments, or the specific mechanism of causation. Theory of causation field: Petitioner alleged that Brian Patterson received an influenza vaccine on November 10, 2011, and a Tdap vaccine on December 28, 2011, which caused Guillain-Barré syndrome (GBS) and ultimately his death on February 15, 2012. Respondent denied causation. The parties reached a joint stipulation for damages, awarding the estate $320,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused GBS. The decision was entered on March 2, 2015, by Special Master Nora Beth Dorsey, with petitioner represented by Ronald Craig Homer and respondent by Julia Wernett McInerny. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00069-0 Date issued/filed: 2015-03-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/09/2015) regarding 27 DECISION Stipulation/Proffer, Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00069-UNJ Document 32 Filed 03/02/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-069V Filed: February 9, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED FRANCES PATTERSON, administrator of * the estate of BRIAN PATTERSON, * Deceased, * * Special Master Dorsey Petitioner, * * v. * * Joint Stipulation on Damages; SECRETARY OF HEALTH * Influenza (Flu) vaccine; Tetanus- AND HUMAN SERVICES, * Diphteria-Acellular-Pertussis (Tdap) * Vaccine; Guillain-Barre Syndrome Respondent. * (GBS); death. * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer & Chin-Caplan, PC, Boston, MA, for petitioner. Julia Wernett McInerny, United States Department of Justice, Washington, DC, for respondent. DECISION1 On January 27, 2014, Frances Patterson (“petitioner”), the administrator of the estate of her late husband, Brian Patterson (“Brian”), filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner requested compensation for injury and death resulting from the administration of a tetanus-diphteria- acellular-pertussis (“Tdap”) vaccine to Brian. Petitioner amended her petition on October 7, 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 1:14-vv-00069-UNJ Document 32 Filed 03/02/15 Page 2 of 7 2014, stating that as a result of both an influenza (“flu”) vaccine that Brian received on November 10, 2011, and a Tdap vaccine he received on December 28, 2011, he suffered from Guillain-Barré syndrome (“GBS”) which ultimately resulted in his death on February 15, 2012. See Amended Petition at 1. On February 9, 2015, the parties filed a stipulation, stating that a decision should be entered awarding compensation. Respondent denies that the Tdap and/or flu vaccine caused Brian’s alleged GBS, any other injury, or death. 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 lump sum of $320,000.00, in the form of a check payable to petitioner as legal representative of Brian Patterson’s estate. This amount represent 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/ Nora Beth Dorsey Nora Beth Dorsey 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-00069-UNJ Document 32 Filed 03/02/15 Page 3 of 7 Case 1:14-vv-00069-UNJ Document 32 Filed 03/02/15 Page 4 of 7 Case 1:14-vv-00069-UNJ Document 32 Filed 03/02/15 Page 5 of 7 Case 1:14-vv-00069-UNJ Document 32 Filed 03/02/15 Page 6 of 7 Case 1:14-vv-00069-UNJ Document 32 Filed 03/02/15 Page 7 of 7