VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00485 Package ID: USCOURTS-cofc-1_14-vv-00485 Petitioner: Gary Knight Filed: 2014-06-05 Decided: 2015-12-04 Vaccine: influenza Vaccination date: 2011-08-16 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 78000 AI-assisted case summary: On June 5, 2014, Pat Knight, as Trustee for the heirs of Gary Knight, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Gary Knight developed Guillain-Barre Syndrome (GBS) and died on July 5, 2014, as a result of an influenza vaccine he received on August 16, 2011. The respondent denied that the flu vaccine caused Mr. Knight's alleged GBS or death. The parties reached a stipulation to settle the case. Special Master Mindy Michaels Roth adopted the stipulation. Petitioner was awarded a lump sum of $78,000.00, payable to Patricia Knight as Trustee for the Heirs of Gary Knight, representing compensation for all damages. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or expert witnesses. Randall G. Knutson represented the petitioner, and Linda S. Renzi represented the respondent. Theory of causation field: Petitioner alleged that Gary Knight received an influenza vaccine on August 16, 2011, subsequently developed Guillain-Barre Syndrome (GBS), and died on July 5, 2014, as a result of the vaccine. Respondent denied causation. The parties entered into a stipulation for settlement. The Special Master adopted the stipulation, awarding $78,000.00 in a lump sum to the petitioner as Trustee for the heirs of Gary Knight. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation, with Special Master Mindy Michaels Roth issuing the decision on December 4, 2015. Petitioner counsel was Randall G. Knutson, and respondent counsel was Linda S. Renzi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00485-0 Date issued/filed: 2016-01-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/04/2015) regarding 36 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (mbl) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00485-UNJ Document 40 Filed 01/05/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 4, 2015 * * * * * * * * * * * * * * * PAT KNIGHT, as Trustee for the heirs of * GARY KNIGHT, deceased, * * No. 14-485V Petitioner, * * v. * Special Master Roth * SECRETARY OF HEALTH * Damages Decision Based on Stipulation; AND HUMAN SERVICES, * Influenza Vaccine; Guillain-Barre * Syndrome; “GBS”; Death Respondent. * * * * * * * * * * * * * * * * * Randall G. Knutson, Knutson and Casey Law Firm, Mankato, MN, for petitioner. Linda S. Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Roth, Special Master: On June 5, 2014, Pat Knight filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 [the “Vaccine Act” or “Program”], as Trustee for the heirs of Gary Knight, alleging that Mr. Knight developed Guillain-Barre Syndrome (“GBS”) and died on July 5, 2014 as a result of the influenza vaccine he received on August 16, 2011. Respondent denies that the flu vaccine is the cause of petitioner’s alleged GBS and, or any other injury, or his death. Stipulation at ¶¶ 6, 15. On December 4, 2015, respondent filed a stipulation agreeing to settle this case and describing the settlement terms. According to respondent’s stipulation, petitioner agrees to the 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify and move to delete medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will delete such material from public access. 2 The Program comprises 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-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:14-vv-00485-UNJ Document 40 Filed 01/05/16 Page 2 of 2 proposed award of compensation. Pursuant to the terms stated in the attached stipulation, petitioner is awarded: A lump sum of $78,000.00 in the form of a check payable to petitioner, Patricia Knight, as Trustee for the Heirs of Gary Knight. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2