VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00856
Package ID: USCOURTS-cofc-1_14-vv-00856
Petitioner: Angela M. Smith
Filed: 2014-09-16
Decided: 2015-08-10
Vaccine: influenza
Vaccination date: 2012-11-28
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
On September 16, 2014, Angela M. Smith filed a Vaccine Program petition after receiving an influenza vaccine on November 28, 2012. She alleged that the flu vaccination caused Guillain-Barre Syndrome and that she experienced residual effects for more than six months.

The public decision was entered on a joint stipulation and provides limited clinical detail. It identifies the vaccine, date, alleged GBS, and duration allegation, but it does not describe onset, hospitalization, neurologic testing, treatment, or expert testimony. Respondent denied that Smith's alleged GBS and residual effects were caused in fact by the flu vaccine.

The parties filed a joint stipulation on August 7, 2015 resolving the case. Chief Special Master Denise K. Vowell adopted the stipulation on August 10, 2015 and awarded Smith a lump sum of $125,000.00, payable to her, representing all damages available under section 15(a). Smith was represented by Nancy Routh Meyers of Ward Black Law in Greensboro, North Carolina.

Theory of causation field:
Influenza vaccine (November 28, 2012) alleged to cause Guillain-Barre Syndrome with residual effects for more than six months. COMPENSATED by joint stipulation. Respondent denied causation-in-fact for alleged GBS and residual effects; the public stipulation decision contains limited clinical facts and no onset/treatment/expert narrative. Chief Special Master Denise K. Vowell adopted the stipulation on August 10, 2015. Award: $125,000.00 lump sum payable to Angela M. Smith for all section 15(a) damages. Attorney: Nancy Routh Meyers, Ward Black Law, Greensboro, NC.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00856-0
Date issued/filed: 2015-09-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/10/2015) regarding 27 DECISION Stipulation/Proffer (signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00856-UNJ Document 30 Filed 09/02/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-856V
Filed: August 10, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANGELA M. SMITH, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Guillain-Barre
* Syndrome (“GBS”); Special Processing
SECRETARY OF HEALTH * Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On September 16, 2014, Angela Smith 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”]. Petitioner alleges that as the result of an Influenza [“Flu”]
vaccination on November 28, 2012, she suffered from Guillain-Barre Syndrome [“GBS”].
Petition, ¶ 9; Stipulation, filed August 7, 2015, ¶¶ 2, 4. Petitioner further alleges that she
experienced the residual effects of her injury for more than six months, has filed no
other action for this injury, and has received no prior award or settlement for this injury.
Petition, ¶¶ 9, 11-12; Stipulation, ¶¶ 4-5. “Respondent denies that petitioner’s alleged
GBS and residual effects were caused-in-fact by the flu vaccine.” Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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, I agree that the identified material fits within this definition, I 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-00856-UNJ Document 30 Filed 09/02/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
August 7, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $125,000.00 in the form of a
check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. 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
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

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