VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00012 Package ID: USCOURTS-cofc-1_15-vv-00012 Petitioner: John Ford Filed: 2016-01-19 Decided: 2016-05-04 Vaccine: influenza Vaccination date: 2012-12-10 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 291000 AI-assisted case summary: John Ford filed a petition on January 5, 2015, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on December 10, 2012. He further alleged that he experienced residual effects from this injury for more than six months. The respondent denied that the flu vaccine caused Mr. Ford's GBS or any other injury. Despite the denial, the parties filed a joint stipulation on January 19, 2016, agreeing that a decision should be entered awarding compensation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Mr. Ford was awarded a lump sum of $291,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on May 4, 2016. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner counsel was Isaiah Richard Kalinowski of Maglio Christopher and Toale, PA. Respondent counsel was Linda Sara Renzi of the U.S. Department of Justice. The Special Master was Nora Beth Dorsey. Theory of causation field: Petitioner John Ford alleged that an influenza vaccine administered on December 10, 2012, caused Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $291,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Isaiah Richard Kalinowski, and respondent by Linda Sara Renzi. The decision date was May 4, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00012-0 Date issued/filed: 2016-05-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/19/2016) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00012-UNJ Document 39 Filed 05/04/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0012V Filed: January 19, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * JOHN FORD, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah Richard Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On January 5, 2015, John Ford (“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 alleged that he suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on December 10, 2012. Petition at 1; Stipulation, filed 1/19/2016, ¶ 4. Petitioner further alleged that he experienced the residual effects of this injury for more than six months. Petition at 4; Stipulation¶ 4. “Respondent denies that the flu vaccine caused petitioner’s GBS, or any other injury, and denies that his current disabilities are sequelae of a vaccine-related injury.” Stipulation, ¶ 6. Nevertheless, on January 19, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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 1:15-vv-00012-UNJ Document 39 Filed 05/04/16 Page 2 of 7 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 $291,000.00, 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. 2 Case 1:15-vv-00012-UNJ Document 39 Filed 05/04/16 Page 3 of 7 Case 1:15-vv-00012-UNJ Document 39 Filed 05/04/16 Page 4 of 7 Case 1:15-vv-00012-UNJ Document 39 Filed 05/04/16 Page 5 of 7 Case 1:15-vv-00012-UNJ Document 39 Filed 05/04/16 Page 6 of 7 Case 1:15-vv-00012-UNJ Document 39 Filed 05/04/16 Page 7 of 7