VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01081
Package ID: USCOURTS-cofc-1_14-vv-01081
Petitioner: Donald Weiss
Filed: 2014-11-06
Decided: 2017-02-13
Vaccine: influenza
Vaccination date: 2012-11-03
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Donald Weiss filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2014. He alleged that he suffered Guillain-Barré Syndrome (GBS) caused-in-fact by the influenza vaccine he received on November 3, 2012. Mr. Weiss stated that he received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil suit or received other compensation for his alleged vaccine-caused injuries. The respondent denied that the flu vaccine caused petitioner’s alleged GBS or any other injury. Nevertheless, on October 20, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Donald Weiss was awarded a lump sum of $100,000.00 as compensation for all items of damages. Petitioner was represented by Michael Bell of Gallon, Takacs, Boissoneault & Shaffer Co., LPA, and respondent was represented by Michael Milmoe of the U.S. Department of Justice. The decision was issued on February 13, 2017.

Theory of causation field:
Donald Weiss filed a petition alleging Guillain-Barré Syndrome (GBS) caused-in-fact by an influenza vaccine received on November 3, 2012. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation stated that the petitioner would receive a lump sum of $100,000.00 for all items of damages. The public text does not describe the specific medical or scientific theory of causation, nor does it name any medical experts. The decision date was February 13, 2017, and the petition was filed on November 6, 2014. Petitioner's counsel was Michael Bell, and respondent's counsel was Michael Milmoe. The theory of causation is described as 'Off-Table' in the provided database fields, but this specific designation is not present in the document text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01081-0
Date issued/filed: 2017-02-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/21/2016) regarding 48 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01081-UNJ Document 51 Filed 02/13/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1081V
Filed: October 21, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DONALD WEISS, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael Bell, Gallon, Takacs, Boissoneault & Shaffer Co., LPA, Toledo, OH, for
petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 6, 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 alleged that he suffered injuries, described as Guillain-Barré
Syndrome (“GBS”), caused-in-fact by the influenza vaccine he received on November 3,
2012. Petition at 1, ¶¶ 2, 11; see also Stipulation, filed Oct. 20, 2016, at ¶¶ 1-2, 4.
Petitioner further alleged that he received the vaccination in the United States, that he
suffered the residual effects of his injuries for more than six months, and that he has not
filed a civil suit or received compensation for his injuries, alleged as vaccine caused.
Petition at ¶¶ 2, 12-13; see also Stipulation at ¶ 3-5. “Respondent denies that the flu
vaccine caused petitioner’s alleged GBS, or any other injury, and further denies that
petitioner’s current disabilities are sequelae of a vaccine-related injury.” Stipulation 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-01081-UNJ Document 51 Filed 02/13/17 Page 2 of 7
Nevertheless, on October 20, 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:
A lump sum of $100,000.00 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 § 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

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