VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00973 Package ID: USCOURTS-cofc-1_14-vv-00973 Petitioner: Girldene Jackson Filed: 2014-10-09 Decided: 2016-06-16 Vaccine: influenza Vaccination date: 2011-10-19 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Girldene Jackson filed a petition on October 9, 2014, alleging that an influenza vaccine administered on October 19, 2011, caused her to develop Guillain-Barré Syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Jackson's GBS or any other injury. However, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Special Master Mindy Michaels Roth found the stipulation to be reasonable and adopted it as the decision of the Court. Ms. Jackson was awarded $25,000.00 as a lump sum payment for all damages. The parties jointly filed notice renouncing the right to seek review, expediting the entry of judgment. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Lawrence R. Cohan of Anapol Weiss, and respondent was represented by Glenn MacLeod of the United States Department of Justice. Theory of causation field: Petitioner Girldene Jackson alleged that an influenza vaccine administered on October 19, 2011, caused her to develop Guillain-Barré Syndrome (GBS). The parties filed a joint stipulation for compensation, with the respondent denying causation. Special Master Mindy Michaels Roth adopted the stipulation, awarding Petitioner $25,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation, with Petitioner represented by Lawrence R. Cohan and respondent by Glenn MacLeod. The decision date was June 16, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00973-0 Date issued/filed: 2016-06-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/24/2016) regarding 32 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (jb) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00973-UNJ Document 37 Filed 06/16/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-973V Filed: May 24, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED GIRLDENE JACKSON, * * Special Master Roth Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome SECRETARY OF HEALTH * (“GBS”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. Glenn MacLeod, United States Department of Justice, Washington, D.C., for respondent. DECISION1 On October 9, 2014, Girldene Jackson (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006); Petition (“Pet.”), ECF No. 1, at 1-4. Petitioner alleged that an influenza (“flu”) vaccination administered on October 19, 2011 caused her to develop Guillain-Barré Syndrome (“GBS”). Pet. at 1-4. On May 23, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Stipulation, ECF No. 31. Respondent denies that the flu vaccine caused Petitioner’s GBS, any other injury, or her current condition. However, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds 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-00973-UNJ Document 37 Filed 06/16/16 Page 2 of 7 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 $25,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). Stipulation ¶ 8. The undersigned approves the requested amount 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/ Mindy Michaels Roth Mindy Michaels Roth 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 Case 1:14-vv-00973-UNJ Document 37 Filed 06/16/16 Page 3 of 7 Case 1:14-vv-00973-UNJ Document 37 Filed 06/16/16 Page 4 of 7 Case 1:14-vv-00973-UNJ Document 37 Filed 06/16/16 Page 5 of 7 Case 1:14-vv-00973-UNJ Document 37 Filed 06/16/16 Page 6 of 7 Case 1:14-vv-00973-UNJ Document 37 Filed 06/16/16 Page 7 of 7