VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00685 Package ID: USCOURTS-cofc-1_14-vv-00685 Petitioner: Shirley F. Crookshanks Filed: 2016-01-13 Decided: 2016-05-04 Vaccine: influenza Vaccination date: 2012-10-26 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 235000 AI-assisted case summary: Shirley F. Crookshanks filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2016. She alleged that she suffered Guillain-Barré Syndrome (GBS) as a result of receiving a trivalent influenza vaccine on October 26, 2012, and/or a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on October 28, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused petitioner's GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on damages on January 13, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Shirley F. Crookshanks was awarded a lump sum of $235,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was based on this joint stipulation. Petitioner's counsel was Elizabeth Muldowney of Rawls, McNelis, and Mitchell, P.C., and respondent's counsel was Justine Walters of the U.S. Department of Justice. Theory of causation field: Petitioner Shirley F. Crookshanks alleged that she suffered Guillain-Barré Syndrome (GBS) as a result of receiving a trivalent influenza vaccine on October 26, 2012, and/or a Tdap vaccine on October 28, 2012. The respondent denied causation. The parties filed a joint stipulation on damages, agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $235,000.00. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00685-0 Date issued/filed: 2016-05-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/13/2016) regarding 30 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00685-UNJ Document 39 Filed 05/04/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-685V Filed: January 13, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * SHIRLEY F. CROOKSHANKS, * * Petitioner, * Joint Stipulation on Damages; * Trivalent Influenza (“Flu”) Vaccine; * Tetanus, Diphtheria, Acellular Pertussis, SECRETARY OF HEALTH * (“Tdap”) Vaccine; Guillain-Barré AND HUMAN SERVICES, * Syndrome (“GBS”); Special Processing * Unit (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Elizabeth Muldowney, Rawls, McNelis, and Mitchell, P.C., Richmond, VA, for petitioner. Justine Walters, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On July 31, 2014, Shriley F. Crookshanks (“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 she suffered Guillain- Barré Syndrome (“GBS”) resulting from the trivalent influenza (“flu”) vaccine she received on October 26, 2012 and/or the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine she received on October 28, 2012. Petition at 1; see also Stipulation, filed Jan. 13, 2016, ¶¶ 2, 4. Petitioner further alleges that she has suffered the effects of her injury for more than six month and that neither she nor anyone else has brought an action or has received compensation for her injuries. Petition, ¶¶ 14-15; see also Stipulation ¶ 5. “Respondent denies that the influenza or Tdap immunizations caused petitioner’s GBS or any other injury or her current condition.” Stipulation, ¶ 6. 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-00685-UNJ Document 39 Filed 05/04/16 Page 2 of 7 Nevertheless, on January 13, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. 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 stipulated that petitioner shall receive the following compensation: A lump sum of $235,000.00 in the form of a check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. 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--0000668855--UUNNJJ DDooccuummeenntt 2399 FFiilleedd 0015//1034//1166 PPaaggee 13 ooff 57 CCaassee 11::1144--vvvv--0000668855--UUNNJJ DDooccuummeenntt 2399 FFiilleedd 0015//1034//1166 PPaaggee 24 ooff 57 CCaassee 11::1144--vvvv--0000668855--UUNNJJ DDooccuummeenntt 2399 FFiilleedd 0015//1034//1166 PPaaggee 35 ooff 57 CCaassee 11::1144--vvvv--0000668855--UUNNJJ DDooccuummeenntt 2399 FFiilleedd 0015//1034//1166 PPaaggee 46 ooff 57 CCaassee 11::1144--vvvv--0000668855--UUNNJJ DDooccuummeenntt 2399 FFiilleedd 0015//1034//1166 PPaaggee 57 ooff 57