VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01007 Package ID: USCOURTS-cofc-1_14-vv-01007 Petitioner: Nona Jones Filed: 2015-04-23 Decided: 2015-05-14 Vaccine: influenza Vaccination date: 2012-10-17 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 151849 AI-assisted case summary: Nona Jones filed a petition for compensation under the National Vaccine Injury Compensation Program on April 23, 2015, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine she received on October 17, 2012. Ms. Jones claimed to have experienced residual effects of GBS for more than six months. The respondent denied that the vaccination caused her GBS or any other injury. Despite the respondent's denial, the parties reached a settlement. The court adopted the parties' joint stipulation, awarding Nona Jones a total of $151,849.88. This amount included a lump sum of $140,000.00 for all damages and $11,849.88 for attorneys' fees and costs, payable jointly to Ms. Jones and her counsel, Mark L. Krueger. The decision was issued by Chief Special Master Denise Kathryn Vowell on May 14, 2015. The public decision does not describe the specific onset of symptoms, medical tests, or treatments related to Ms. Jones's alleged GBS. The specific medical mechanism by which the influenza vaccine allegedly caused GBS is also not described in the public decision. Theory of causation field: Petitioner Nona Jones alleged that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on October 17, 2012, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation to settle the case. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. The settlement resulted in an award of $140,000.00 for all damages and $11,849.88 for attorneys' fees and costs, totaling $151,849.88. The decision was issued by Chief Special Master Denise Kathryn Vowell on May 14, 2015. Petitioner was represented by Mark L. Krueger, Esq., and respondent was represented by Lisa A. Watts, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01007-0 Date issued/filed: 2015-05-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/23/2015) regarding 19 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer,, ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01007-UNJ Document 23 Filed 05/14/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1007V Filed: April 23, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * NONA JONES, * * Petitioner, * Joint Stipulation on Damages; * Influenza Vaccine or Flu Vaccine; * Guillain-Barré Syndrome (GBS); SECRETARY OF HEALTH * Special Processing Unit; Joint AND HUMAN SERVICES, * Stipulation on Attorneys’ Fees and Cost * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mark L. Krueger, Esq., Krueger & Hernandez, S.C., Baraboo, WI, for petitioner. Lisa A. Watts, Esq., US Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1 Vowell, Chief Special Master: On October 17, 2014, Nona Jones 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) resulting from the influenza vaccine she received on October 17, 2012. Petition, ¶ 15; Stipulation, filed Apr. 23, 2015, ¶ 4. Petitioner further alleges that she experienced the residual effects of GBS for more than six months, has filed no other action for this injury, and has received no prior award or settlement. Petition, ¶¶ 14-16; Stipulation, ¶¶ 4-5. Respondent denies that the influenza vaccination caused petitioner’s GBS or any other injury. 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 (2006). Case 1:14-vv-01007-UNJ Document 23 Filed 05/14/15 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On April 23, 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 $140,000.00. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. The stipulation also included an award of attorneys’ fees and costs in the amount of $11,849.88 to which petitioner agreed. Stipulation, ¶ 8. In accordance with General Order #9, petitioner’s counsel asserts that petitioner incurred no out-of-pocket expenses. Id. The Vaccine Act permits an award of reasonable fees and costs. 42 U.S.C. § 300 aa-15(e). I find the proposed total amount of $11,849.88 to be reasonable. Pursuant to the terms stated in the attached Stipulation, I award petitioner a payment of $151,849.88 as follows: a. a lump sum payment of $140,000.00 in the form of a check payable solely to petitioner, Nona Jones; b. a lump sum payment of $11,849.88 in the form of a check payable jointly to petitioner, Nona Jones and petitioner’s counsel, Mark Krueger. I adopt the parties’ stipulation attached hereto, and award compensation and fees and costs 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 CCaassee 11::1144--vvvv--0011000077--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 0045//2134//1155 PPaaggee 13 ooff 57 CCaassee 11::1144--vvvv--0011000077--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 0045//2134//1155 PPaaggee 24 ooff 57 CCaassee 11::1144--vvvv--0011000077--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 0045//2134//1155 PPaaggee 35 ooff 57 CCaassee 11::1144--vvvv--0011000077--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 0045//2134//1155 PPaaggee 46 ooff 57 CCaassee 11::1144--vvvv--0011000077--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 0045//2134//1155 PPaaggee 57 ooff 57