VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00239 Package ID: USCOURTS-cofc-1_15-vv-00239 Petitioner: Travis Morgan Filed: 2015-03-09 Decided: 2016-06-01 Vaccine: influenza Vaccination date: 2013-11-05 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 278030 AI-assisted case summary: Travis Morgan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination he received on November 5, 2013. He stated that he received the vaccination in the United States, that he suffered the effects of his injury for more than six months, and that he has not received compensation for his vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused petitioner to suffer from GBS or any other injury. Despite the denial, the parties filed a joint stipulation on May 4, 2016, agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Travis Morgan was awarded a total of $278,030.07 in compensation. This amount included a lump sum of $273,763.07 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, payable to him directly. Additionally, an amount sufficient to purchase an annuity contract was to be paid to the life insurance company from which the annuity would be purchased. The court directed that judgment be entered in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00239-0 Date issued/filed: 2016-06-01 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 05/04/2016) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00239-UNJ Document 41 Filed 06/01/16 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0239V Filed: May 4, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * TRAVIS MORGAN, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“flu”) Vaccine; Guillain-Barré v. * Syndrome (“GBS”); Special Processing SECRETARY OF HEALTH * Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * William E. Cochran, Jr., Black McLaren, et al., PC, Memphis, TN, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 9, 2015, Travis Morgan (“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”) as a result of an influenza (“flu”) vaccination he received on November 5, 2013. Petition at 1; Stipulation, filed May 4, 2016, at ¶¶ 2, 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 months, and that he has not received compensation for his vaccine-related injury. Pet. at ¶¶ 2, 16, 17; see also Stip. at ¶¶ 3, 5. Respondent denies that the influenza vaccine caused petitioner to suffer from GBS or any other injury or his current condition. Stip. at ¶ 6. Nevertheless, on May 4, 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. 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-00239-UNJ Document 41 Filed 06/01/16 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. The parties stipulate that petitioner shall receive the following compensation: (1) A lump sum of $273,763.07, which represents compensation for the first year life care expenses ($54,495.86), pain and suffering ($215,000.00), and past unreimbursable expenses ($4,267.21), in the form of a check payable to petitioner, Travis Morgan; and (2) 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 will be purchased. 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-00239-UNJ Document 41 Filed 06/01/16 Page 3 of 10 Case 1:15-vv-00239-UNJ Document 41 Filed 06/01/16 Page 4 of 10 Case 1:15-vv-00239-UNJ Document 41 Filed 06/01/16 Page 5 of 10 Case 1:15-vv-00239-UNJ Document 41 Filed 06/01/16 Page 6 of 10 Case 1:15-vv-00239-UNJ Document 41 Filed 06/01/16 Page 7 of 10 Case 1:15-vv-00239-UNJ Document 41 Filed 06/01/16 Page 8 of 10 Case 1:15-vv-00239-UNJ Document 41 Filed 06/01/16 Page 9 of 10 Case 1:15-vv-00239-UNJ Document 41 Filed 06/01/16 Page 10 of 10