VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00138 Package ID: USCOURTS-cofc-1_15-vv-00138 Petitioner: Judith Jetson Filed: 2015-02-11 Decided: 2016-03-23 Vaccine: influenza Vaccination date: 2012-12-12 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 255407 AI-assisted case summary: Judith Jetson filed a petition for compensation under the National Vaccine Injury Compensation Program on February 11, 2015, alleging that she received an influenza vaccine on December 12, 2012, and subsequently developed Guillain-Barré Syndrome (GBS). She further alleged that she suffered residual effects from the condition for more than six months. The respondent denied that the flu vaccine caused her GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on March 23, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Judith Jetson a lump sum payment of $240,000.00 for all damages, payable to her. Additionally, a lump sum payment of $15,407.75 was awarded for attorneys' fees and costs, payable to both Judith Jetson and her attorney, Howard S. Gold. The total compensation awarded amounted to $255,407.75. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation. Petitioner was represented by Howard S. Gold, and respondent was represented by Julia W. McInerny. Theory of causation field: Petitioner Judith Jetson alleged that an influenza vaccine administered on December 12, 2012, caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation awarded a total of $255,407.75, comprising $240,000.00 for damages and $15,407.75 for attorneys' fees and costs. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. The case was resolved via stipulation, not through litigation of the causation theory. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00138-0 Date issued/filed: 2016-05-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/23/2016) regarding 32 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer,, (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00138-UNJ Document 36 Filed 05/18/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0138V Filed: March 23, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * JUDITH JETSON, * * Petitioner, * Joint Stipulation on Damages; Influenza * (“flu”) Vaccine; Guillain-Barré Syndrome v. * (“GBS”); Attorneys’ Fees and Costs; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howard S. Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner. Julia W. McInerny, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On February 11, 2015, Judith Jetson (“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 received an influenza (“flu”) vaccination on December 12, 2012 and thereafter suffered a reaction which was diagnosed as Guillain-Barré Syndrome (“GBS”). Pet. at 1; Stip., filed Mar. 23, 2016, at ¶¶ 2, 4. Petitioner further alleges that she suffered the residual effects of this condition for more than six months. Pet. at ¶ 22; Stip. at ¶ 4. “Respondent denies that the flu vaccine caused petitioner’s GBS or any other injury ” Stip. at ¶ 6. Nevertheless, on March 23, 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. 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 1:15-vv-00138-UNJ Document 36 Filed 05/18/16 Page 2 of 7 The parties stipulate that petitioner shall receive the following compensation: A. A lump sum payment of $240,000.00 in the form of a check payable to petitioner, Judith Jetson. Stip. at ¶ 8. This amount represents compensation for all damages that would be available under § 300aa-15(a); and B. A lump sum payment of $15,407.75 in the form of a check payable to petitioner and petitioner’s attorney, Howard S. Gold for attorneys’ fees and costs available under § 300aa-15(e). Id. In compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition. 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-00138-UNJ Document 36 Filed 05/18/16 Page 3 of 7 Case 1:15-vv-00138-UNJ Document 36 Filed 05/18/16 Page 4 of 7 Case 1:15-vv-00138-UNJ Document 36 Filed 05/18/16 Page 5 of 7 Case 1:15-vv-00138-UNJ Document 36 Filed 05/18/16 Page 6 of 7 Case 1:15-vv-00138-UNJ Document 36 Filed 05/18/16 Page 7 of 7