VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00199 Package ID: USCOURTS-cofc-1_15-vv-00199 Petitioner: Thomas Holland Filed: 2015-03-02 Decided: 2018-04-17 Vaccine: influenza Vaccination date: 2012-12-27 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 454800 AI-assisted case summary: Thomas Holland filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of his influenza vaccination on December 27, 2012. He stated that he received the vaccination in the United States, suffered the effects of his injury for more than six months, and had no prior award or settlement for his condition. Respondent denied that the flu vaccine caused his GBS or any other injury. Despite the denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Thomas Holland was awarded $454,800.08 as a lump sum for first-year life care expenses, combined lost earnings, pain and suffering, and past unreimbursable expenses. An additional amount was awarded to purchase an annuity contract. The decision was issued on April 17, 2018, based on the joint stipulation filed January 31, 2018. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00199-0 Date issued/filed: 2018-04-17 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 1/31/2018) regarding 71 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-00199-UNJ Document 75 Filed 04/17/18 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-199V Filed: January 31, 2018 UNPUBLISHED THOMAS HOLLAND, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 2, 2015, 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 suffers Guillain-Barre Syndrome (“GBS”) as a result of his December 27, 2012 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed January 31, 2018, at ¶¶ 2, 4. Petitioner further alleges that he received his vaccination in the United States, that he suffered the effects of his injury for more than six months, and that “there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition.” Stipulation at ¶¶ 3-5; Petition at ¶¶ 37-39. “Respondent denies that the flu vaccine caused petitioner to suffer from GBS or any other injury or his current condition.” Stipulation at ¶ 6. Nevertheless, on January 31, 2018, 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. 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-00199-UNJ Document 75 Filed 04/17/18 Page 2 of 10 finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: a. A lump sum of $454,800.08, which amount represents compensation for first year life care expenses ($29,800.08), and combined lost earnings, pain and suffering, and past unreimbursable expenses ($425,000.00), in the form of a check payable to petitioner; and b. An amount sufficient to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company from which the annuity contract will be purchased (“the Life Insurance Company”). Stipulation at ¶ 8. 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-00199-UNJ Document 75 Filed 04/17/18 Page 3 of 10 Case 1:15-vv-00199-UNJ Document 75 Filed 04/17/18 Page 4 of 10 Case 1:15-vv-00199-UNJ Document 75 Filed 04/17/18 Page 5 of 10 Case 1:15-vv-00199-UNJ Document 75 Filed 04/17/18 Page 6 of 10 Case 1:15-vv-00199-UNJ Document 75 Filed 04/17/18 Page 7 of 10 Case 1:15-vv-00199-UNJ Document 75 Filed 04/17/18 Page 8 of 10 Case 1:15-vv-00199-UNJ Document 75 Filed 04/17/18 Page 9 of 10 Case 1:15-vv-00199-UNJ Document 75 Filed 04/17/18 Page 10 of 10