VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00440
Package ID: USCOURTS-cofc-1_14-vv-00440
Petitioner: Ivy E. Gowans
Filed: 2014-05-22
Decided: 2016-07-14
Vaccine: HPV
Vaccination date: 2011-05-24
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
On May 22, 2014, Ivy E. Gowans, through her parents as she was a minor at the time, filed a petition for vaccine compensation. The petition alleged that the human papillomavirus (HPV) vaccine, received on March 18, 2011, and May 24, 2011, caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The HPV vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the GBS. The parties, represented by counsel Christopher E. Hultquist for the petitioner and Ann D. Martin for the respondent, reached a joint stipulation to settle the case. Special Master Christian J. Moran reviewed and adopted the stipulation. As part of the settlement, Ivy E. Gowans was awarded $70,000.00 in compensation for all damages. This amount was to be paid as a lump sum in the form of a check. The stipulation also provided for future proceedings to award reasonable attorneys' fees and costs. The settlement was a compromise of liability and damages and did not constitute an admission by the United States that the HPV vaccine caused the GBS. The decision was filed on July 14, 2016.

Theory of causation field:
Petitioner Ivy E. Gowans, who was a minor at the time of vaccination, received two doses of the HPV vaccine on March 18, 2011, and May 24, 2011. She alleged that the May 24, 2011, HPV vaccine caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The HPV vaccine is listed on the Vaccine Injury Table, and this case proceeded as a Table claim. Respondent denied that the vaccine caused the GBS. The parties reached a stipulation, agreeing to settle the case. The Special Master adopted the stipulation, awarding Ivy E. Gowans $70,000.00 in compensation for all damages. The stipulation also provided for future proceedings to award reasonable attorneys' fees and costs. The settlement was a compromise of liability and damages and did not constitute an admission by the United States that the HPV vaccine caused the GBS. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case, nor does it detail the mechanism of causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00440-0
Date issued/filed: 2016-07-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/16/16) regarding 47 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties.
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Case 1:14-vv-00440-UNJ Document 51 Filed 07/14/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * *
IVY E. GOWANS, *
*
Petitioner, * No. 14-440V
* Special Master Christian J. Moran
v. *
* Filed June 16, 2016
SECRETARY OF HEALTH *
* Stipulation; HPV; Guillain-
Respondent. * Barré Syndrome (“GBS”).
* * * * * * * * * * * * * * * * * * * * * *
Christopher E. Hultquist, DeLuca & Weizenbaum, Ltd., Providence, MA, for
Petitioner;
Ann D. Martin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On June 16, 2016, the parties filed a joint stipulation concerning the petition
for compensation filed by Ivy E. Gowans on May 22, 2014. In her petition,
petitioner alleged that HPV vaccines, which are contained in the Vaccine Injury
Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on March 18,
2011, and May 24, 2011, caused her to suffer Guillain-Barré Syndrome (“GBS”).
Petitioner further alleges that she suffered the residual effects of this injury for
more than six months. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on her behalf as a result of her condition.
Respondent denies that the HPV vaccine(s) caused petitioner to suffer GBS
or any other injury.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), 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 1:14-vv-00440-UNJ Document 51 Filed 07/14/16 Page 2 of 7
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 lump sum payment of $70,000.00 in the form of a check payable to
petitioner, Ivy E. Gowans. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 14-440V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Dan Hoffman, 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 1:14-vv-00440-UNJ Document 51 Filed 07/14/16 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
IVY E. GOWANS, )
)
Petitioner, )
) No. 14-440V
v. ) Special Master Moran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Ivy E. Gowans, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine
Program”).1 The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of the human papillomavirus (“HPV”) vaccine, which is contained in the Vaccine Injury Table
(the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received HPV vaccines on March 18, 2011, and May 24, 2011.
3. The vaccines were administered in the United States.
4. Petitioner alleges that as a result of her May 24, 2011, HPV vaccine, she suffered
Guillain-Barre Syndrome (“GBS”). Petitioner further alleges that she experienced residual
effects of this condition for more than six months.
1 The petition was originally filed by Ivy E.Gowans’parents on her behalfbecause she was a
minor. Ms. Gowans has since reached the age of majority, and she has beensubstituted as
petitioner.

Case 1:14-vv-00440-UNJ Document 51 Filed 07/14/16 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her injury.
6. Respondent denies that petitioner’s HPV vaccine(s) caused GBS or any other injury.
7. Maintaining 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 paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment 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-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $70,000.00 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarilyliable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:14-vv-00440-UNJ Document 51 Filed 07/14/16 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made inaccordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be usedsolely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and dischargethe 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 nature) that have been brought,could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 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 petitioner resulting
from, or alleged to have resulted from, the HPV vaccine(s) administered on or about March 18,
2011, and/or May 24, 2011, as alleged by petitioner in a petition for vaccine compensation filed
on or about May 22, 2014, in the United States Court of Federal Claims as petition No. 14-440V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:14-vv-00440-UNJ Document 51 Filed 07/14/16 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment orto 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/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that HPV vaccine(s) caused petitioner to develop GBS
or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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