VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00894
Package ID: USCOURTS-cofc-1_14-vv-00894
Petitioner: A.P.
Filed: 2014-09-23
Decided: 2019-09-02
Vaccine: influenza
Vaccination date: 2012-10-03
Condition: small fiber neuropathy, Guillain-Barre syndrome (“GBS”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”)
Outcome: compensated
Award amount USD: 963944.78

AI-assisted case summary:
On September 23, 2014, A.P. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that after receiving an influenza vaccine on October 3, 2012, he suffered from small fiber neuropathy, Guillain-Barre syndrome (GBS), and chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the alleged injuries were caused by the flu vaccine but agreed to a settlement. The parties entered into a stipulation for award, which the Special Master adopted. The award included a lump sum of $889,471.22, representing compensation for first year life care expenses ($74,997.66), past and first year lost future earnings ($500,000.00), pain and suffering ($250,000.00), and past unreimbursable expenses ($64,473.56). Additionally, an amount sufficient to purchase an annuity contract was awarded. The decision was issued by Special Master Thomas L. Gowen on September 2, 2019. Petitioner was represented by Nancy R. Meyers of Ward Black Law, and respondent was represented by Lisa A. Watts of the Department of Justice. The public decision does not describe the petitioner's specific clinical story, onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. The decision notes that it is unpublished and will be posted on the court's website, with parties having 14 days to request redactions.

Theory of causation field:
Petitioner A.P. received an influenza vaccine on October 3, 2012, and alleged that this vaccination caused small fiber neuropathy, Guillain-Barre syndrome (GBS), and chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties entered into a stipulation for award, settling the case. The award included a lump sum of $889,471.22 for life care expenses, lost earnings, pain and suffering, and unreimbursable expenses, plus an amount for an annuity. Special Master Thomas L. Gowen issued the decision on September 2, 2019. Petitioner's counsel was Nancy R. Meyers, and respondent's counsel was Lisa A. Watts. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injuries.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00894-4
Date issued/filed: 2019-09-02
Pages: 11
Docket text: PUBLIC DECISION (Originally filed: 06/26/209) regarding 148 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:14-vv-00894-UNJ Document 155 Filed 09/02/19 Page 1 of 11
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 26, 2019
* * * * * * * * * * * * * * * * * * * * *
A.P., * UNPUBLISHED
*
* No. 14-894V
Petitioner, *
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Influenza (“flu”); Guillain-Barré Syndrome
AND HUMAN SERVICES, * (“GBS”); Chronic Inflammatory
* Demyelinating Polyneuropathy (“CIDP”);
Respondent. * Stipulation for Award.
* * * * * * * * * * * * * * * * * * * * *
Nancy R. Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Lisa A. Watts, Department of Justice, Washington, D.C., for respondent.
DECISION FOR STIPULATION1
On September 23, 2014, A. P. (“petitioner”) filed a petition for compensation under the
National Vaccine Injury Compensation Program.2 Petition at Preamble. Petitioner received an
influenza (“flu”) vaccine on October 3, 2012. Id. at 2; Stipulation at ¶ 2 (ECF No. 139).
Petitioner alleged that as a result of receiving the flu vaccination, he suffered small fiber
neuropathy, Guillain-Barre syndrome (“GBS”) and chronic inflammatory demyelinating
polyneuropathy (“CIDP”). Petition at ¶ 3; Stipulation at ¶ 4.
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. 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. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012)
(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.

Case 1:14-vv-00894-UNJ Document 155 Filed 09/02/19 Page 2 of 11
On June 17, 2019, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner.3 Stipulation at ¶ 7. Respondent denies that
petitioner’s alleged injuries are caused by the flu vaccine. Id. at ¶ 6. Maintaining their
respective positions, the parities nevertheless now agree that the issues between them shall be
settled and that a decision should be entered awarding compensation to petitioner according to
the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
The stipulation awards:
1) A lump sum of $889,471.22, which amounts represents compensation for first
year life care expenses ($74,997.66); past and first year lost future earnings
($500,000.00); pain and suffering ($250,000.00); and past un-reimbursable
expenses ($64,473.56), in the form of a check payable to petitioner; and
2) An amount sufficient to purchase the annuity contract described in paragraphs
10 and 11 of the attached Stipulation, paid to the life insurance company from
which the annuity will be purchased (the “Life Insurance Company”).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Due to a typographical mistake in an earlier stipulation filed, the initial Decision for Stipulation was withdrawn
and judgment was vacated.
4 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

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