VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01240 Package ID: USCOURTS-cofc-1_14-vv-01240 Petitioner: Alfred McDaniel Filed: 2016-01-04 Decided: 2016-01-04 Vaccine: influenza Vaccination date: 2013-10-11 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Petitioner Alfred McDaniel filed a claim on January 4, 2016, alleging that he developed Guillain-Barré Syndrome (GBS) and experienced its residual effects for more than six months as a result of receiving an influenza vaccine on October 11, 2013. The respondent denied that the flu vaccine caused GBS or any other injury, and also denied that it caused petitioner's current disabilities. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Alfred McDaniel $100,000.00 in compensation for all damages. The award was to be paid as a check for $100,000.00 made payable to the petitioner. The decision was issued on January 4, 2016. Petitioner's counsel was Glynn W. Gilcrease, Jr., and respondent's counsel was Michael P. Milmoe. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Alfred McDaniel alleged that an influenza vaccine administered on October 11, 2013, caused him to develop Guillain-Barré Syndrome (GBS) and experience residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case resulted in a compensated outcome with an award of $100,000.00 for all damages, as per the stipulation. Special Master Laura D. Millman issued the decision on January 4, 2016. Petitioner was represented by Glynn W. Gilcrease, Jr., and respondent by Michael P. Milmoe. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01240-0 Date issued/filed: 2016-01-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/04/2016) regarding 23 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01240-UNJ Document 24 Filed 01/27/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1240V Filed: January 4, 2016 Not for Publication ************************************* ALFRED MCDANIEL, * * Petitioner, * * Damages decision based on v. * stipulation; influenza (“flu”) * vaccine; Guillain-Barré Syndrome SECRETARY OF HEALTH * (“GBS”) AND HUMAN SERVICES, * * Respondent. * * ************************************* Glynn W. Gilcrease, Jr., Tempe, AZ, for petitioner. Michael P. Milmoe, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On January 4, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from Guillain-Barré Syndrome (“GBS”) that was caused by his receipt of influenza (“flu”) vaccine on October 11, 2013. He further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner to suffer GBS or any other injury and further denies that the flu vaccine caused petitioner’s current disabilities. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:14-vv-01240-UNJ Document 24 Filed 01/27/16 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $100,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form of a check for $100,000.00 made payable to petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: January 4, 2016 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. Case 1:14-vv-01240-UNJ Document 24 Filed 01/27/16 Page 3 of 7 Case 1:14-vv-01240-UNJ Document 24 Filed 01/27/16 Page 4 of 7 Case 1:14-vv-01240-UNJ Document 24 Filed 01/27/16 Page 5 of 7 Case 1:14-vv-01240-UNJ Document 24 Filed 01/27/16 Page 6 of 7 Case 1:14-vv-01240-UNJ Document 24 Filed 01/27/16 Page 7 of 7