VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00197 Package ID: USCOURTS-cofc-1_15-vv-00197 Petitioner: Avery Kranz Filed: 2016-08-17 Decided: 2016-10-31 Vaccine: influenza Vaccination date: 2012-11-19 Condition: Guillain-Barré syndrome (GBS) and Parsonage-Turner Syndrome (PTS) Outcome: compensated Award amount USD: 118000 AI-assisted case summary: Avery Kranz filed a petition for compensation under the National Vaccine Injury Compensation Program on August 17, 2016, alleging that he suffered Guillain-Barré syndrome (GBS) and Parsonage-Turner Syndrome (PTS) as a result of receiving influenza and DTaP vaccines on November 19, 2012. He further alleged that he suffered the residual effects of these injuries for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused his alleged GBS and/or PTS, or any other injury, and denied that his current disabilities were a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on August 17, 2016, agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Avery Kranz was awarded a lump sum of $118,000.00 as compensation for all items of damages available under the Vaccine Act. The decision was entered on October 31, 2016. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00197-0 Date issued/filed: 2016-10-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/17/2016) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00197-UNJ Document 42 Filed 10/31/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0197V Filed: August 17, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * AVERY KRANZ, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Tetanus- * Diphtheria-Acellular Pertussis (“Tdap”); SECRETARY OF HEALTH * Guillain-Barré Syndrome (“GBS”); AND HUMAN SERVICES, * Parsonage-Turner Syndrome (“PTS”); * Special Processing Unit (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 2, 2015, Avery Kranz (“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”) and Parsonage-Turner Syndrome (“PTS”) as a result of receiving influenza (“flu”) and Diphtheria-Pertussis-Tetanus (“DPT”) vaccines on November 19, 2012. Petition at 1-2; Stipulation, filed August 17, 2016, at ¶ 1, 4. Petitioner further alleges he suffered the residual effects of these injuries for more than six months. Petition at 16; Stipulation at ¶ 4. “Respondent denies that the flu vaccine and/or Tdap vaccine caused petitioner’s alleged GBS and/or PTS, or any other injury, and further denies that his current disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 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-00197-UNJ Document 42 Filed 10/31/16 Page 2 of 7 Nevertheless, on August 17, 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. The parties stipulate that petitioner shall receive the following compensation: A lump sum of $118,000.00, in the form of a check payable to petitioner. Stipulation at ¶ 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-00197-UNJ Document 42 Filed 10/31/16 Page 3 of 7 Case 1:15-vv-00197-UNJ Document 42 Filed 10/31/16 Page 4 of 7 Case 1:15-vv-00197-UNJ Document 42 Filed 10/31/16 Page 5 of 7 Case 1:15-vv-00197-UNJ Document 42 Filed 10/31/16 Page 6 of 7 Case 1:15-vv-00197-UNJ Document 42 Filed 10/31/16 Page 7 of 7