VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00471 Package ID: USCOURTS-cofc-1_14-vv-00471 Petitioner: K.B. Filed: 2015-03-19 Decided: 2015-04-10 Vaccine: influenza Vaccination date: 2011-10-14 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 92045 AI-assisted case summary: On March 19, 2015, Carie Brown, as parent of K.B., a minor, filed a petition in the National Vaccine Injury Compensation Program. The petition alleged that K.B. suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 14, 2011, and a Hepatitis A vaccine on November 18, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused K.B.'s GBS or any other condition. Despite the denial, the parties reached a joint stipulation for damages. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded K.B. a total of $92,045.63. This amount was comprised of a lump sum of $90,000.00 payable to Petitioner as guardian/conservator of K.B.'s estate and a lump sum of $2,045.63 payable to Petitioner for past unreimbursed medical expenses. The parties agreed to expedite the judgment by renouncing their right to seek review. Petitioner's counsel was Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent's counsel was Debra Begley of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner alleged that an influenza vaccine administered on October 14, 2011, and a Hepatitis A vaccine administered on November 18, 2011, caused K.B. to develop Guillain-Barré syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation for damages, which was adopted by the Special Master. The stipulation awarded $90,000.00 to K.B.'s estate and $2,045.63 for past unreimbursed medical expenses, totaling $92,045.63. The theory of causation was "Off-Table." The public decision does not name specific medical experts, detail the mechanism of causation, or describe the medical evidence presented. The decision was issued by Special Master Lisa Hamilton-Fieldman on April 10, 2015, based on a stipulation filed March 19, 2015, by Petitioner's counsel Ronald C. Homer and Respondent's counsel Debra Begley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00471-0 Date issued/filed: 2015-04-10 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 3/19/2015) regarding 20 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00471-UNJ Document 25 Filed 04/10/15 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-471V Filed: March 19, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED CARIE BROWN, parent of K.B., a minor, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Hepatitis * A (“Hep A”) Vaccine; Guillain- SECRETARY OF HEALTH * Barré Syndrome (“GBS”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner. Debra Begley, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On June 4, 2014, Carie Brown (“Petitioner”) filed a petition on behalf of her minor son, K.B., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that the administration of an influenza (“flu”) vaccine on October 14, 2011, and a Hepatitis A (“hep A”) vaccine on November 18, 2011, caused K.B. to suffer from Guillain-Barré syndrome (“GBS”). On March 19, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that K.B.’s GBS, or any other condition, was caused-in-fact by his flu and/or hep A vaccinations. Nevertheless, the parties 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-00471-UNJ Document 25 Filed 04/10/15 Page 2 of 8 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 $90,000.00 in the form of a check payable to Petitioner as guardian/ conservator of K.B.’s estate; and A lump sum of $2,045.63 in the form of a check payable to Petitioner for past unreimbursed medical expenses. 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 CCaassee 11::1144--vvvv--0000447711--UUNNJJ DDooccuummeenntt 1295 FFiilleedd 0034//1190//1155 PPaaggee 13 ooff 68 CCaassee 11::1144--vvvv--0000447711--UUNNJJ DDooccuummeenntt 1295 FFiilleedd 0034//1190//1155 PPaaggee 24 ooff 68 CCaassee 11::1144--vvvv--0000447711--UUNNJJ DDooccuummeenntt 1295 FFiilleedd 0034//1190//1155 PPaaggee 35 ooff 68 CCaassee 11::1144--vvvv--0000447711--UUNNJJ DDooccuummeenntt 1295 FFiilleedd 0034//1190//1155 PPaaggee 46 ooff 68 CCaassee 11::1144--vvvv--0000447711--UUNNJJ DDooccuummeenntt 1295 FFiilleedd 0034//1190//1155 PPaaggee 57 ooff 68 CCaassee 11::1144--vvvv--0000447711--UUNNJJ DDooccuummeenntt 1295 FFiilleedd 0034//1190//1155 PPaaggee 68 ooff 68