VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01193 Package ID: USCOURTS-cofc-1_14-vv-01193 Petitioner: Gregory Romans Filed: 2014-12-11 Decided: 2016-05-02 Vaccine: influenza Vaccination date: 2013-11-04 Condition: Guillain-Barre Syndrome (“GBS”) Outcome: compensated Award amount USD: 220000 AI-assisted case summary: Gregory Romans filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2014, alleging that he suffered Guillain-Barre Syndrome (GBS) following his November 4, 2013 influenza vaccination. He claimed residual effects from the injury for more than six months and stated there had been no prior award or settlement of a civil action for damages on his behalf. The respondent denied that the influenza vaccine caused petitioner's GBS or any other injury, and further denied that his current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation for damages on December 22, 2015, 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. Gregory Romans was awarded a lump sum of $220,000.00, payable to him by check, representing compensation for all items of damages available under the Vaccine Act. The decision was based on this joint stipulation. Petitioner's counsel was Amber Wilson of Maglio, Christopher and Toale, PA. Respondent's counsel was Glenn MacLeod of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or the mechanism of injury. Theory of causation field: Petitioner Gregory Romans alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination on November 4, 2013. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $220,000.00 as a lump sum. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. Petitioner's counsel was Amber Wilson; respondent's counsel was Glenn MacLeod; the Special Master was Nora Beth Dorsey. The decision date was May 2, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01193-0 Date issued/filed: 2016-05-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/22/2015) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01193-UNJ Document 31 Filed 05/02/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1193V Filed: December 22, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * GREGORY ROMANS, * * Petitioner, * Joint Stipulation on Damages; * Influenza; * Guillain-Barre Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Wilson, Maglio, Christopher and Toale, PA, Washington, DC, for petitioner. Glenn MacLeod, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On December 11, 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 he suffered Guillain-Barre Syndrome (“GBS”) following his November 4, 2013 influenza vaccination. Petition at 1-2; Stipulation, filed 12/22/2015, ¶ 4. Petitioner further alleges that he suffered the residual effects of his injury for more than six months and that there has been no prior award of settlement of a civil action for damages on his behalf as a result of his condition. Petition at 2-3; Stipulation¶¶ 4-5. “Respondent denies that the flu vaccine caused petitioner’s GBS or any other injury and further denies that his current disabilities are a sequela of a vaccine-related injury. ” Stipulation, ¶ 6. Nevertheless, on December 22, 2015, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The 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, 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, 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-01193-UNJ Document 31 Filed 05/02/16 Page 2 of 7 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 stipulated that petitioner shall receive the following compensation: A lump sum of $220,000.00 in the form of a check payable to petitioner. Stipulation, ¶ 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. Case 1:14-vv-01193-UNJ Document 31 Filed 05/02/16 Page 3 of 7 Case 1:14-vv-01193-UNJ Document 31 Filed 05/02/16 Page 4 of 7 Case 1:14-vv-01193-UNJ Document 31 Filed 05/02/16 Page 5 of 7 Case 1:14-vv-01193-UNJ Document 31 Filed 05/02/16 Page 6 of 7 Case 1:14-vv-01193-UNJ Document 31 Filed 05/02/16 Page 7 of 7