VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00637 Package ID: USCOURTS-cofc-1_14-vv-00637 Petitioner: Janet Hoehner Filed: 2014-07-21 Decided: 2016-04-11 Vaccine: influenza Vaccination date: 2013-10-22 Condition: Guillain-Barré syndrome (GBS), acute/ chronic demyelinating polyneuropathy (AIDP and CIDP) Outcome: compensated Award amount USD: 215000 AI-assisted case summary: Janet Hoehner filed a petition alleging that an influenza vaccine administered on October 22, 2013, caused her to suffer from Guillain-Barré syndrome (GBS), acute inflammatory demyelinating polyneuropathy (AIDP), and chronic inflammatory demyelinating polyneuropathy (CIDP). The parties later filed a joint stipulation agreeing that a decision should be entered awarding compensation. Respondent denied that the flu vaccination caused Petitioner's GBS, AIDP, CIDP, or any other injury. Despite this denial, the parties stipulated to an award. The court adopted the stipulation as its decision, awarding Petitioner a lump sum of $215,000.00 and an amount sufficient to purchase an annuity contract. This compensation covers all damages available under the National Vaccine Injury Compensation Program. The parties jointly filed notice renouncing the right to seek review, expediting the entry of judgment. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00637-0 Date issued/filed: 2016-04-11 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 3/21/2016) regarding 42 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00637-UNJ Document 46 Filed 04/11/16 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-637V Filed: March 21, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED JANET HOEHNER, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barré syndrome (“GBS”); SECRETARY OF HEALTH * Acute Inflammatory Demyelinating AND HUMAN SERVICES, * Polyneuropathy (“AIDP”); Chronic * Inflammatory Demyelinating Respondent. * Polyneuropathy (“CIDP”). * * * * * * * * * * * * * * * * Michael McLaren, Black McLaren Jones Ryland & Griffee, Memphis, TN, for Petitioner. Justine Walters, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On July 21, 2014, Janet Hoehner (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that an influenza (“flu”) vaccine administered on October 22, 2013 caused her to suffer from “Guillain-Barré syndrome (“GBS”), acute/ chronic demyelinating polyneuropathy (“AIDP” and “CIDP”), and/or other neurologic and physical impairments and other injuries.” On March 18, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccination caused Petitioner’s GBS, AIDP, CIDP, or any other injury or her current condition. However, the 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. § 3501 note (2012). 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-00637-UNJ Document 46 Filed 04/11/16 Page 2 of 9 parties 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 $215,000.00 in the form of a check payable to Petitioner; and 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. The undersigned approves the requested amounts 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--0000663377--UUNNJJ DDooccuummeenntt 4416 FFiilleedd 0034//1181//1166 PPaaggee 13 ooff 79 CCaassee 11::1144--vvvv--0000663377--UUNNJJ DDooccuummeenntt 4416 FFiilleedd 0034//1181//1166 PPaaggee 24 ooff 79 CCaassee 11::1144--vvvv--0000663377--UUNNJJ DDooccuummeenntt 4416 FFiilleedd 0034//1181//1166 PPaaggee 35 ooff 79 CCaassee 11::1144--vvvv--0000663377--UUNNJJ DDooccuummeenntt 4416 FFiilleedd 0034//1181//1166 PPaaggee 46 ooff 79 CCaassee 11::1144--vvvv--0000663377--UUNNJJ DDooccuummeenntt 4416 FFiilleedd 0034//1181//1166 PPaaggee 57 ooff 79 CCaassee 11::1144--vvvv--0000663377--UUNNJJ DDooccuummeenntt 4416 FFiilleedd 0034//1181//1166 PPaaggee 68 ooff 79 CCaassee 11::1144--vvvv--0000663377--UUNNJJ DDooccuummeenntt 4416 FFiilleedd 0034//1181//1166 PPaaggee 79 ooff 79