VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00895 Package ID: USCOURTS-cofc-1_14-vv-00895 Petitioner: Paula F. Holland Filed: 2014-09-23 Decided: 2017-03-02 Vaccine: influenza Vaccination date: 2012-10-02 Condition: Guillain-Barré Syndrome (“GBS”) and GBS-caused chronic inflammatory demyelinating polyneuropathy (“CIDP”) Outcome: compensated Award amount USD: 916741 AI-assisted case summary: Paula F. Holland filed a petition for compensation under the National Vaccine Injury Compensation Program on September 23, 2014, alleging that she suffered Guillain-Barré Syndrome (GBS) and GBS-caused chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on October 2, 2012. She asserted that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition. Respondent denied that the flu vaccine caused her injuries. Despite the denial, the parties filed a joint stipulation on November 14, 2016, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Paula F. Holland was awarded a total of $916,741.63, comprising a lump sum of $689,591.32 for life care expenses, lost earnings, and pain and suffering, and a lump sum of $25,150.31 to reimburse a lien. An additional amount was allocated for an annuity contract. Judgment was to be entered in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00895-0 Date issued/filed: 2017-03-02 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 11/15/2016) regarding 44 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00895-UNJ Document 50 Filed 03/02/17 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-895V Filed: November 15, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAULA F. HOLLAND, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Guillain-Barré * Syndrome (“GBS”); Chronic SECRETARY OF HEALTH * Inflammatory Demyelinating AND HUMAN SERVICES, * Polyneuropathy (“CIDP”); Special * Processing Unit (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner. Linda S. Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On September 23, 2014, Paula F. Holland (“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” or “Program”). Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”) and GBS-caused chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of receiving the influenza (“flu”) vaccine on October 2, 2012. Pet. at 1; Stip., filed Nov. 14, 2016, at ¶¶ 1, 2, 4. Petitioner further asserts that the vaccine was administered in the United States, that she experienced the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her condition. Pet. at 1-6; Stip. at ¶¶ 3-5. Respondent denies that the flu vaccine caused petitioner to suffer from GBS or CIDP or any other injury. Stip. at ¶ 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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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-00895-UNJ Document 50 Filed 03/02/17 Page 2 of 9 Nevertheless, on November 14, 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 stipulate that petitioner shall receive the following compensation: (1) A lump sum payment of $689,591.32, which amount represents compensation for first year life care expenses ($51,247.32), lost earnings ($438,344.00), and pain and suffering ($200,000.00), in the form of a check payable to petitioner, Paula F. Holland; and (2) A lump sum payment of $25,150.31, which amount represents reimbursement of a lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner and Oswego County Department of Social Services P.O. Box 1320 Mexico, NY 13114 Attn: Cheryl Wallace Recipient ID: EZ21633V Petitioner agrees to endorse this payment to Oswego County Department of Social Services. (3) An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation, paid to the life insurance company from which the annuity will be purchased. 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 Case 1:14-vv-00895-UNJ Document 50 Filed 03/02/17 Page 3 of 9 Case 1:14-vv-00895-UNJ Document 50 Filed 03/02/17 Page 4 of 9 Case 1:14-vv-00895-UNJ Document 50 Filed 03/02/17 Page 5 of 9 Case 1:14-vv-00895-UNJ Document 50 Filed 03/02/17 Page 6 of 9 Case 1:14-vv-00895-UNJ Document 50 Filed 03/02/17 Page 7 of 9 Case 1:14-vv-00895-UNJ Document 50 Filed 03/02/17 Page 8 of 9 Case 1:14-vv-00895-UNJ Document 50 Filed 03/02/17 Page 9 of 9