VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00505
Package ID: USCOURTS-cofc-1_14-vv-00505
Petitioner: B.K.
Filed: 2016-01-07
Decided: 2016-03-07
Vaccine: influenza
Vaccination date: 2011-10-26
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 197663

AI-assisted case summary:
On January 7, 2016, Katherine M. Kelley, on behalf of her minor child B.K., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that B.K. suffered from Guillain-Barré syndrome (GBS) and related complications as a result of receiving an influenza vaccine on October 26, 2011. The respondent denied that the flu vaccine caused B.K.'s GBS or related complications. However, both parties agreed to settle the case through a stipulation filed on December 29, 2015. Special Master Brian H. Corcoran reviewed the file and adopted the parties' stipulation as the decision. The stipulation awarded B.K. compensation totaling $197,663.89. This amount included a lump sum of $195,793.89 for first-year life care expenses and pain and suffering, to be paid via check to Petitioner as guardian/conservator of B.K.'s estate upon documentation of appointment. An additional lump sum of $1,870.00 was awarded for past unreimbursable expenses, payable by check to Katherine M. Kelley. The award also included an amount sufficient to purchase an annuity contract as described in the stipulation. The decision noted that the parties could object to the inclusion of certain confidential information in the publicly posted decision. Petitioner's counsel was Lawrence R. Cohan of Anapol Weiss, and respondent's counsel was Glenn A. MacLeod of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner alleged that B.K. suffered from Guillain-Barré syndrome (GBS) and related complications as a result of receiving an influenza vaccine on October 26, 2011. The respondent denied causation. The parties reached a stipulation for settlement, and the Special Master adopted the stipulation as the decision. The stipulation awarded compensation for first-year life care expenses, pain and suffering, past unreimbursable expenses, and an annuity. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation, with Special Master Brian H. Corcoran issuing the decision on March 7, 2016. Petitioner was represented by Lawrence R. Cohan, and respondent by Glenn A. MacLeod. The total award was $197,663.89.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00505-0
Date issued/filed: 2016-03-07
Pages: 11
Docket text: PUBLIC DECISION (Originally filed: 01/07/2016) Regarding 23 DECISION Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties.
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Case 1:14-vv-00505-UNJ Document 30 Filed 03/07/16 Page 1 of 11
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-505V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
B.K., a minor by his parent *
KATHERINE M. KELLEY, *
*
Petitioner, * Filed: January 7, 2016
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”).
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for Petitioner.
Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 12, 2014, Katherine M. Kelley filed a petition on behalf of her minor child B.K.,
seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner
alleges that B.K. suffered from Guillain-Barré syndrome (“GBS”) and related complications as a
result of his October 26, 2011 receipt of the influenza (“flu”) vaccine.
Respondent denies that the flu vaccine caused B.K. to suffer from GBS or any other injury
and further denies that his current disabilities are sequela of a vaccine-related injury. Nonetheless
1 Because this decision contains a reasoned explanation for my action in this case, I will 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, § 205, 116 Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42
U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of
confidential information. Specifically, under 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). Otherwise, the whole decision will be
available to the public. (Id.)
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. 3758, codified as amended, 42 U.S.C.A. ' 300aa-10 to ' 300aa-34 (2012).

Case 1:14-vv-00505-UNJ Document 30 Filed 03/07/16 Page 2 of 11
both parties, while maintaining their above-stated positions, agreed in a stipulation filed December
29, 2015, that the issues before them can 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. A lump sum of $195,793.89, which amount represents compensation for first
year life care expenses ($15,077.88) and pain and suffering ($180,716.02), in the
form of a check payable to Petitioner as guardian(s)/conservator(s) of the estate
of B.K. for the benefit of B.K. No payments shall be made until Petitioner
provides respondent with documentation establishing that she has been
appointed as the guardian/conservator of B.K.’s estate;
b. A lump sum of $1,870.00, which amount represents compensation for past
unreimbursable expenses, in the form of a check payable to Petitioner, Katherine
M. Kelley;
c. An amount sufficient to purchase the annuity contract described in paragraph 10
of the Stipulation, paid to the life insurance company from which the annuity
will be purchased.
These amounts represent compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amounts 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 jointly filing notice renouncing their
right to seek review.
2

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