VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00609 Package ID: USCOURTS-cofc-1_14-vv-00609 Petitioner: Harold Paddlety Filed: 2016-01-20 Decided: 2016-05-04 Vaccine: influenza Vaccination date: 2011-09-26 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 356281 AI-assisted case summary: Harold Paddlety filed a petition for compensation under the National Vaccine Injury Compensation Program on January 20, 2016, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on September 26, 2011. Mr. Paddlety further alleged that he experienced residual effects from his injury for more than six months and had not received any prior award or settlement for his injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Paddlety's alleged GBS or any other injury or disability. Despite the respondent's denial, the parties filed a joint stipulation for compensation on January 19, 2016. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the court. Under the terms of the stipulation, Mr. Paddlety was awarded a total of $356,281.88. This amount included a lump sum of $161,281.88 payable to Mr. Paddlety and the Arizona Health Care Cost Containment System (AHCCCS) to satisfy any Medicaid lien, and a separate lump sum of $195,000.00 payable to Mr. Paddlety for all remaining damages. The decision was entered on May 4, 2016. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Ronald Craig Homer represented the petitioner, and Claudia Barnes Gangi represented the respondent. Theory of causation field: Petitioner Harold Paddlety alleged that an influenza vaccination received on September 26, 2011, caused Guillain-Barre Syndrome (GBS). Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $356,281.88, comprising $161,281.88 for Medicaid lien satisfaction and $195,000.00 for all remaining damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Claudia Barnes Gangi. The decision date was May 4, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00609-0 Date issued/filed: 2016-05-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/20/2016) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00609-UNJ Document 43 Filed 05/04/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-609V Filed: January 20, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * HAROLD PADDLETY, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccination; * Guillain-Barre Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer, & Chin-Caplan, P.C., Boston, MA, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On July 14, 2014, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act”]. Petitioner alleges that he suffered Guillain-Barre Syndrome [“GBS”] as a result of his influenza [“flu”] vaccination on September 26, 2011. Petition at 1; Stipulation, filed January 19, 2016, ¶¶ 2, 4. Petitioner further alleges that he has experienced the residual effects of his injury for more than six months, and has received no prior award or settlement of a civil action for damages as a result of his injury. Petition, ¶¶ 59-60; Stipulation, ¶ 5. “Respondent denies that the flu vaccine caused petitioner’s alleged GBS, any other injury, or his current disabilities.” Stipulation, ¶ 6. Nevertheless, on January 19, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it 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 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:14-vv-00609-UNJ Document 43 Filed 05/04/16 Page 2 of 7 finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulated that petitioner shall receive the following compensation: a. A lump sum of $161,281.88 in the form of a check payable to petitioner and The Arizona Health Care Cost Containment System (AHCCCS), P.O. Box 10530, Phoenix, AZ 85064. Petitioner agrees to endorse this payment to the AHCCCS. This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Arizona may have against any individual as a result of any Medicaid payments the State of Arizona has made to or on behalf of Harold Paddlety from the date of his eligibility for benefits through the date of judgment in this case as a result of his alleged vaccine-related injury suffered on or about October 5, 2011, under Title XIX of the Social Security Act; and b. A lump sum of $195,000.00 in the form of a check payable to petitioner. This amount represents compensation for all remaining damages that would be available under 42 U .S.C. §300aa-15(a). Stipulation, ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 CCaassee 11::1144--vvvv--0000660099--UUNNJJ DDooccuummeenntt 3483 FFiilleedd 0015//1094//1166 PPaaggee 13 ooff 57 CCaassee 11::1144--vvvv--0000660099--UUNNJJ DDooccuummeenntt 3483 FFiilleedd 0015//1094//1166 PPaaggee 24 ooff 57 CCaassee 11::1144--vvvv--0000660099--UUNNJJ DDooccuummeenntt 3483 FFiilleedd 0015//1094//1166 PPaaggee 35 ooff 57 CCaassee 11::1144--vvvv--0000660099--UUNNJJ DDooccuummeenntt 3483 FFiilleedd 0015//1094//1166 PPaaggee 46 ooff 57 CCaassee 11::1144--vvvv--0000660099--UUNNJJ DDooccuummeenntt 3483 FFiilleedd 0015//1094//1166 PPaaggee 57 ooff 57