VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00047 Package ID: USCOURTS-cofc-1_15-vv-00047 Petitioner: Williard First Filed: 2016-01-22 Decided: 2016-05-04 Vaccine: influenza Vaccination date: 2013-09-27 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Williard First filed a petition for compensation under the National Vaccine Injury Compensation Program on January 22, 2016, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 27, 2013. Mr. First stated that he received the vaccination in the United States, that the effects of his injury lasted more than six months, and that he had not received prior compensation for his injury. Respondent denied that the influenza vaccine caused GBS or any other injury. Despite the denial, the parties filed a joint stipulation on January 21, 2016, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Mr. First was awarded a lump sum of $200,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment accordingly. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00047-0 Date issued/filed: 2016-05-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/22/2016) regarding 28 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00047-UNJ Document 38 Filed 05/04/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-47V Filed: January 22, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * WILLARD FIRST, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. Ann Martin, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On January 20, 2015, Williard First (“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-Barré Syndrome (“GBS”) after receiving the influenza vaccine on September 27, 2013. Petition at 1; see also Stipulation, filed Jan. 21, 2016, ¶ 4. Petitioner further alleges that he received the vaccination in the United States, that he has suffered the effects of his injury for more than six month, and that he has not received compensation for his vaccine related injury. Petition, ¶¶ 5, 25-26; see also Stipulation ¶¶ 3-5. “Respondent denies that petitioner’s influenza vaccine caused GBS or any other injury.” Stipulation, ¶ 6. Nevertheless, on January 21, 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-00047-UNJ Document 38 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 $200,000.00 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 CCaassee 11::1155--vvvv--0000004477--UUNNJJ DDooccuummeenntt 2378 FFiilleedd 0015//2014//1166 PPaaggee 13 ooff 57 CCaassee 11::1155--vvvv--0000004477--UUNNJJ DDooccuummeenntt 2378 FFiilleedd 0015//2014//1166 PPaaggee 24 ooff 57 CCaassee 11::1155--vvvv--0000004477--UUNNJJ DDooccuummeenntt 2378 FFiilleedd 0015//2014//1166 PPaaggee 35 ooff 57 CCaassee 11::1155--vvvv--0000004477--UUNNJJ DDooccuummeenntt 2378 FFiilleedd 0015//2014//1166 PPaaggee 46 ooff 57 CCaassee 11::1155--vvvv--0000004477--UUNNJJ DDooccuummeenntt 2378 FFiilleedd 0015//2014//1166 PPaaggee 57 ooff 57