VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00145
Package ID: USCOURTS-cofc-1_14-vv-00145
Petitioner: Maria Kong
Filed: 2016-10-17
Decided: 2016-11-17
Vaccine: influenza
Vaccination date: 2012-11-05
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 210000

AI-assisted case summary:
Maria Kong filed a petition on October 17, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed Guillain-Barré Syndrome (GBS) as a result of receiving a trivalent influenza vaccine on November 5, 2012, and that she experienced residual effects from the GBS for more than six months. The respondent denied that the flu vaccination caused her alleged GBS or any other injury. However, both parties agreed to settle the case through a stipulation, which was filed on October 11, 2016. Special Master Brian H. Corcoran reviewed the file and concluded that the stipulation was reasonable, adopting it as his decision. The stipulation awarded Maria Kong a lump sum of $210,000.00, payable to her, as compensation for all damages. The decision noted that it would be posted on the United States Court of Federal Claims website, with parties having fourteen days to request redaction of confidential information. Petitioner was represented by Michael A. London of Douglas & London, P.C., and respondent was represented by Glenn A. MacLeod of the U.S. Department of Justice.

Theory of causation field:
Petitioner Maria Kong alleged that she developed Guillain-Barré Syndrome (GBS) as a result of receiving a trivalent influenza vaccine on November 5, 2012, and experienced residual effects for more than six months. Respondent denied that the vaccination caused the alleged GBS or any other injury. The parties reached a settlement through a stipulation, filed October 11, 2016, agreeing to award compensation. Special Master Brian H. Corcoran adopted the stipulation as his decision on November 17, 2016. The stipulation awarded a lump sum of $210,000.00 to Petitioner for all damages. The specific medical theory of causation, expert testimony, or mechanism of injury was not detailed in the provided public decision text, as the case was resolved by stipulation. Petitioner was represented by Michael A. London, and respondent by Glenn A. MacLeod.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00145-0
Date issued/filed: 2016-11-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/17/2016) Regarding 31 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (sb) Copy to parties.
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Case 1:14-vv-00145-UNJ Document 32 Filed 11/17/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-145V
* * * * * * * * * * * * * * * * * * * * * * * * *
* Special Master Corcoran
MARIA KONG, *
*
Petitioner, * Filed: October 17, 2016
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Michael A. London, Douglas & London, P.C., Washington, DC, for Petitioner.
Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 24, 2014, Maria Kong filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she
suffered from Guillain-Barré Syndrome (“GBS”) as a result of her November 5, 2012, receipt of
the trivalent influenza (“flu”) vaccine. Moreover, Petitioner alleges that she experienced residual
effects of this injury for more than six months.
1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States
Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole decision will
be available to the public. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:14-vv-00145-UNJ Document 32 Filed 11/17/16 Page 2 of 7
Respondent denies that Petitioner’s flu vaccination caused her alleged GBS, or any other
injury, and further denies that her current disabilities are a sequela of a vaccine-related injury.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed on October 11, 2016) that the issues before them could be settled, and that a decision should
be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $210,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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