VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01222
Package ID: USCOURTS-cofc-1_14-vv-01222
Petitioner: Michael Opperman
Filed: 2014-12-22
Decided: 2016-06-01
Vaccine: influenza
Vaccination date: 2011-12-27
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Michael Opperman filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2014. He alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of his December 27, 2011 influenza vaccination and his January 24, 2012 tetanus-diphtheria-acellular pertussis (Tdap) vaccination. Mr. Opperman further alleged that he experienced residual effects from the injury for more than six months and had received no prior compensation. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused petitioner's alleged GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on May 2, 2016, agreeing that compensation should be awarded. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Michael Opperman was awarded a lump sum of $100,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was issued by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Jerome A. Konkel of Samster, Konkel & Safran, SC, and respondent's counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Michael Opperman alleged that his December 27, 2011 influenza vaccination and January 24, 2012 Tdap vaccination caused Guillain-Barre Syndrome (GBS) and its residual effects. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $100,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision date was June 1, 2016. Attorneys involved were Jerome A. Konkel for the petitioner and Jennifer Leigh Reynaud for the respondent. Chief Special Master Nora Beth Dorsey issued the decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01222-0
Date issued/filed: 2016-06-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/04/2016) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01222-UNJ Document 30 Filed 06/01/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1222V
Filed: May 4, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL OPPERMAN, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccination;
* Tetanus-Diphtheria-acellular Pertussis
v.
* (“Tdap”) Vaccination; Guillain-Barre
SECRETARY OF HEALTH * Syndrome (“GBS”); Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jerome A. Konkel, Samster, Konkel & Safran, SC, Milwaukee, WI, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 22, 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 she suffered Guillain-Barre Syndrome (“GBS”) as
a result of her December 27, 2011 influenza (“flu) and January 24, 2012 tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccinations. Petition at 1; Stipulation, filed May
2, 2016, at ¶¶ 2, 4. Petitioner further alleges he has suffered the residual effects of his
injury for more than six months, and that he has received no prior award, settlement, or
compensation for his injury. Petition at ¶ 10; Stipulation at ¶¶ 4-5. “Respondent denies
that petitioner’s alleged GBS and residual effects were caused-in-fact by the flu and/or
Tdap vaccines. Respondent further denies that the flu and/or Tdap vaccines caused
petitioner any other injury or his current condition.” 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-01222-UNJ Document 30 Filed 06/01/16 Page 2 of 7
Nevertheless, on May 2, 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 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.
2

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