VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01097
Package ID: USCOURTS-cofc-1_14-vv-01097
Petitioner: Janice Steinkamp
Filed: 2014-11-12
Decided: 2015-12-01
Vaccine: influenza
Vaccination date: 2011-10-24
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 220000

AI-assisted case summary:
On November 12, 2014, Janice Steinkamp filed a petition with the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 24, 2011, caused her to develop Guillain-Barré Syndrome (GBS). The petition stated that the onset of GBS occurred around November 22, 2011, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Steinkamp's condition. However, the parties reached a joint stipulation to settle the case. Under the terms of the stipulation, Ms. Steinkamp was awarded $220,000.00 as compensation for all damages. The decision, entered by Special Master Lisa Hamilton-Fieldman on December 1, 2015, adopted the terms of the stipulation. Both parties agreed to waive their right to seek review, thereby expediting the judgment. Ronald C. Homer represented the petitioner, and Ann D. Martin represented the respondent. The stipulation explicitly stated that it was not an admission by the United States or the Secretary of Health and Human Services that the influenza vaccine caused petitioner's GBS or any other injury.

Theory of causation field:
Petitioner Janice Steinkamp alleged that an influenza vaccine administered on October 24, 2011, caused her to develop Guillain-Barré Syndrome (GBS), with onset around November 22, 2011, and residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied causation. The parties reached a joint stipulation to settle the case, agreeing to an award of $220,000.00 for all damages. The Special Master Lisa Hamilton-Fieldman adopted the stipulation on December 1, 2015. The stipulation stated that it was not an admission of causation by the respondent. Petitioner was represented by Ronald C. Homer, and respondent was represented by Ann D. Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01097-0
Date issued/filed: 2015-12-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/5/2015) regarding 33 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:14-vv-01097-UNJ Document 37 Filed 12/01/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1097V
Filed: November 5, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
JANICE STEINKAMP, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Ann D. Martin, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On November 12, 2014, Janice Steinkamp (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that an influenza (“flu”) vaccination administered on October 24, 2011 caused
her to develop Guillain-Barré Syndrome (“GBS”). Petition (“Pet.”) at 1-2.
On November 5, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Stipulation, ECF No. 32. Respondent denies that the
flu vaccine caused Petitioner’s condition or any other injury. However, the parties agree to 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, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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.
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Case 1:14-vv-01097-UNJ Document 37 Filed 12/01/15 Page 2 of 7
joint stipulation, attached hereto as Appendix A. 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 $220,000.00 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/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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-01097-UNJ Document 37 Filed 12/01/15 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
JANICE STEINKAMP, )
)
Petitioner, )
) No. 14-1097V
v. ) Special Master Hamilton-Fieldman
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Janice Steinkamp, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§ 100.3(a).
2. Petitioner received an influenza immunization on October 24, 2011.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered the onset of Guillain-Barre Syndrome (“GBS”) on
or about November 22, 2011, as a result of the influenza vaccine. Petitioner further alleges that
she experienced residual effects of this condition for morethan six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her injuries.
6. Respondent denies that petitioner’s influenza vaccine caused GBS or any other injury.

Case 1:14-vv-01097-UNJ Document 37 Filed 12/01/15 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $220,000.00 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit tofurther proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for anyitems or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulationwill be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
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Case 1:14-vv-01097-UNJ Document 37 Filed 12/01/15 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
forattorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be usedsolely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccination administered on October 24,
2011,as alleged by petitioner in apetition for vaccine compensation filed on or about November
12, 2014, in the United States Court of Federal Claims as petition No. 14-1097V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice tothe Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
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Case 1:14-vv-01097-UNJ Document 37 Filed 12/01/15 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner to develop
GBS or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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