VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00377
Package ID: USCOURTS-cofc-1_15-vv-00377
Petitioner: Berna Mallett
Filed: 2015-04-14
Decided: 2017-07-18
Vaccine: influenza
Vaccination date: 2013-11-05
Condition: Guillain-Barre syndrome (GBS), Necrotizing Myositis (NM), quadriparesis, gait impairment, rhabdomyolysis, and transaminitis
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Berna Mallett filed a petition on April 14, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered Guillain-Barre syndrome (GBS), Necrotizing Myositis (NM), quadriparesis, gait impairment, rhabdomyolysis, and transaminitis as a result of an influenza vaccine she received on November 5, 2013. Ms. Mallett further alleged that she experienced residual effects from these conditions for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Mallett's alleged injuries. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation, which was filed on June 8, 2017. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in awarding damages. The stipulation awarded Berna Mallett a lump sum of $100,000.00, payable by check to Petitioner, as compensation for all damages available under the Act. The decision was finalized on July 18, 2017. Petitioner was represented by Martin James Martinez of Martinez Law Office, and Respondent was represented by Lisa Ann Watts of the U.S. Department of Justice. The public decision is designated "not to be published" but will be available on the Court of Federal Claims' website, with parties having the option to request redaction of confidential information.

Theory of causation field:
Petitioner Berna Mallett alleged that her November 5, 2013, influenza vaccine caused Guillain-Barre syndrome (GBS), Necrotizing Myositis (NM), quadriparesis, gait impairment, rhabdomyolysis, and transaminitis, with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement via stipulation, filed June 8, 2017, agreeing to an award of $100,000.00. Special Master Brian H. Corcoran adopted the stipulation as his decision on July 18, 2017. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the theory of causation, as the case was resolved by stipulation. Petitioner's counsel was Martin James Martinez, and Respondent's counsel was Lisa Ann Watts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00377-0
Date issued/filed: 2017-07-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/22/2017) regarding 39 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (sb) Copy to parties.
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Case 1:15-vv-00377-UNJ Document 42 Filed 07/18/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-377V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
BERNA MALLETT, * Special Master Corcoran
*
Petitioner, * Filed: June 22, 2017
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine;
AND HUMAN SERVICES, * Guillain-Barre syndrome (“GBS”);
* Necrotizing Myositis (“NM”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Martin James Martinez, Martinez Law Office, Napa, CA, for Petitioner.
Lisa Ann Watts, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 14, 2015, Berna Mallett filed a petition seeking compensation under the National
Vaccine Injury Compensation Program (“Vaccine Program”).2 The petition alleges that she
suffered from Guillain-Barre syndrome (“GBS”), Necrotizing Myositis (“NM”), quadriparesis,
gait impairment, rhabdomyolysis, and transaminitis as a result of her November 5, 2013, influenza
(“flu”) vaccine. Petitioner further alleges that she has experienced the residual effects of this
condition for more than six months.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the 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 in its present form will be
available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).

Case 1:15-vv-00377-UNJ Document 42 Filed 07/18/17 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s GBS, NM or any other injury.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed on June 8, 2017) 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 $100,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount 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

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