VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00114 Package ID: USCOURTS-cofc-1_15-vv-00114 Petitioner: Michael D. Hudson Filed: 2015-02-04 Decided: 2016-03-07 Vaccine: influenza Vaccination date: 2012-11-01 Condition: Guillain–Barré syndrome (“GBS”) and Chronic Demyelinating Polyneuropathy (“CIDP”) Outcome: compensated Award amount USD: 225000 AI-assisted case summary: Michael D. Hudson filed a petition on February 4, 2015, seeking compensation under the National Vaccine Injury Compensation Program. Mr. Hudson alleged that he developed Guillain-Barré syndrome (GBS) and Chronic Demyelinating Polyneuropathy (CIDP) as a result of receiving an influenza vaccine on November 1, 2012, and that he experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Hudson's conditions or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on January 19, 2016. Special Master Brian H. Corcoran reviewed the file and adopted the parties' stipulation. The stipulation awarded Mr. Hudson a lump sum of $225,000.00, payable by check to Petitioner, as compensation for all damages. The decision was filed on March 7, 2016. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by Tyler G. Doyle of Smyser, Kaplan & Veselka, L.L.P., and Respondent was represented by Lynn E. Ricciardella of the U.S. Department of Justice. Theory of causation field: Petitioner Michael D. Hudson alleged that his November 1, 2012, influenza vaccine caused Guillain-Barré syndrome (GBS) and Chronic Demyelinating Polyneuropathy (CIDP). Respondent denied causation. The parties stipulated to a settlement, and Special Master Brian H. Corcoran adopted the stipulation, awarding $225,000.00 in damages. The public decision does not detail the specific theory of causation, medical experts, or evidence presented, stating only that the parties agreed to settle while maintaining their positions. The decision was filed on March 7, 2016. Petitioner's counsel was Tyler G. Doyle, and Respondent's counsel was Lynn E. Ricciardella. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00114-0 Date issued/filed: 2016-03-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/20/2016) Regarding 21 DECISION Stipulation Signed by Special Master Brian H. Corcoran. (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00114-UNJ Document 26 Filed 03/07/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-114V * * * * * * * * * * * * * * * * * * * * * * * * * * Filed: January 20, 2016 MICHAEL D. HUDSON, * * Petitioner, * * Decision by Stipulation; Damages; v. * Influenza (“Flu”) Vaccine; * Guillain–Barré Syndrome (“GBS”); Chronic SECRETARY OF HEALTH * Demyelinating Polyneuropathy (“CIDP”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Tyler G. Doyle, Smyser, Kaplan & Veselka, L.L.P., Houston, TX, for Petitioner. Lynn E. Ricciardella, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 4, 2015, Michael Hudson filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he developed Guillain–Barré syndrome (“GBS”) and Chronic Demyelinating Polyneuropathy (“CIDP”) as a result of his November 1, 2012, receipt of the influenza (“flu”) vaccine and that he experienced residual effects of this injury for more than six months. Respondent denies the flu vaccine caused Petitioner to suffer from GBS and/or CIDP, or any other injury, and denied that Petitioner’s current disabilities are sequelae of a vaccine-related injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed 1 Because this decision contains a reasoned explanation for my actions in this case, I will 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa- 12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)). Case 1:15-vv-00114-UNJ Document 26 Filed 03/07/16 Page 2 of 7 on January 19, 2016) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $225,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amounts represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:15-vv-00114-UNJ Document 26 Filed 03/07/16 Page 3 of 7 Case 1:15-vv-00114-UNJ Document 26 Filed 03/07/16 Page 4 of 7 Case 1:15-vv-00114-UNJ Document 26 Filed 03/07/16 Page 5 of 7 Case 1:15-vv-00114-UNJ Document 26 Filed 03/07/16 Page 6 of 7 CCaassee 11::1155--vvvv--0000111144--UUNNJJ DDooccuummeenntt 1286 FFiilleedd 0013//1097//1166 PPaaggee 57 ooff 57