VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00987 Package ID: USCOURTS-cofc-1_14-vv-00987 Petitioner: Vivian Reinard Filed: 2014-10-15 Decided: 2016-06-01 Vaccine: influenza Vaccination date: 2011-11-03 Condition: Guillain-Barre Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 175000 AI-assisted case summary: Vivian Reinard filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of her November 3, 2011 influenza vaccine. She further alleged that she suffered the sequelae of her injury for more than six months and had received no prior compensation. Respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or CIDP or any other injury or her current disabilities. Despite the denial, the parties filed a joint stipulation for damages, stating that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Vivian Reinard was awarded a lump sum of $175,000.00, representing compensation for all items of damages available under the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00987-0 Date issued/filed: 2016-06-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/09/2016) regarding 38 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00987-UNJ Document 43 Filed 06/01/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-987V Filed: May 9, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIVIAN REINARD, * * Petitioner, * Joint Stipulation on Damages; * Guillain-Barre Syndrome (“GBS”); v. * Chronic Inflammatory Demyelinating SECRETARY OF HEALTH * Polyneuropathy (“CIDP”); Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Special Processing Unit * (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 15, 2014, 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-Barre Syndrome (“GBS”) and Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) as a result of her November 3, 2011 influenza (“flu) vaccine. Petition at 1; Stipulation, filed May 6, 2016, at ¶¶ 2, 4. Petitioner further alleges that she suffered the sequela of her injury for more than six months, and has received no prior compensation, award, or settlement for her injury. Petition at ¶¶ 9, 12; Stipulation at ¶¶ 4-5. “Respondent denies that the flu vaccine caused petitioner’s GBS or CIDP or any other injury or her current disabilities.” Stipulation at ¶ 6. Nevertheless, on May 6, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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-00987-UNJ Document 43 Filed 06/01/16 Page 2 of 7 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: A lump sum of $175,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 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 Case 1:14-vv-00987-UNJ Document 43 Filed 06/01/16 Page 3 of 7 Case 1:14-vv-00987-UNJ Document 43 Filed 06/01/16 Page 4 of 7 Case 1:14-vv-00987-UNJ Document 43 Filed 06/01/16 Page 5 of 7 Case 1:14-vv-00987-UNJ Document 43 Filed 06/01/16 Page 6 of 7 Case 1:14-vv-00987-UNJ Document 43 Filed 06/01/16 Page 7 of 7