VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01131 Package ID: USCOURTS-cofc-1_14-vv-01131 Petitioner: Teresa Bray Filed: 2015-05-22 Decided: 2016-09-22 Vaccine: influenza Vaccination date: 2013-09-27 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 92572 AI-assisted case summary: Teresa Bray filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) caused-in-fact by a flu vaccine she received on September 27, 2013. She further alleged that the residual effects of her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury. Despite the denial, the parties reached a settlement agreement. The parties filed a joint stipulation on May 22, 2015, agreeing to settle the case. As part of the stipulation, the respondent agreed to pay Ms. Bray a lump sum of $92,572.29. This amount was intended to compensate for all damages available under the Vaccine Act. The Chief Special Master adopted the stipulation and awarded the compensation. The decision was issued on September 22, 2016. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01131-1 Date issued/filed: 2016-09-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/22/2015) regarding 19 DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01131-UNJ Document 30 Filed 09/22/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1131V Filed: May 22, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * Teresa Bray, * * Petitioner, * Joint Stipulation on Damages; * Influenza; Guillain-Barre Syndrome * (“GBS”); Special Processing Unit SECRETARY OF HEALTH * (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jerome Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Vowell, Chief Special Master: On November 20, 2014, Teresa Bray 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-Barre Syndrome (“GBS”). Petition at 4; Stipulation, filed May 22, 2015, ¶ 4. Petitioner further alleges that her GBS was caused-in-fact by a flu vaccine administered in the United. States on September 27, 2013, and that the residual effects of her injury lasted for more than six months. Petition at 3-5; Stipulation¶¶ 1-4. “Respondent denies that petitioner’s alleged GBS and residual effects were caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury or her current condition.” 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-01131-UNJ Document 30 Filed 09/22/16 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On May 22, 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 $92,572.29 in the form of a check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. I adopt the parties’ stipulation attached hereto, and award compensation 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. CCaassee 11::1144--vvvv--0011113311--UUNNJJ DDooccuummeenntt 1380 FFiilleedd 0059//2222//1156 PPaaggee 13 ooff 57 CCaassee 11::1144--vvvv--0011113311--UUNNJJ DDooccuummeenntt 1380 FFiilleedd 0059//2222//1156 PPaaggee 24 ooff 57 CCaassee 11::1144--vvvv--0011113311--UUNNJJ DDooccuummeenntt 1380 FFiilleedd 0059//2222//1156 PPaaggee 35 ooff 57 CCaassee 11::1144--vvvv--0011113311--UUNNJJ DDooccuummeenntt 1380 FFiilleedd 0059//2222//1156 PPaaggee 46 ooff 57 CCaassee 11::1144--vvvv--0011113311--UUNNJJ DDooccuummeenntt 1380 FFiilleedd 0059//2222//1156 PPaaggee 57 ooff 57