VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00391 Package ID: USCOURTS-cofc-1_15-vv-00391 Petitioner: Garth R. Jackson Filed: 2016-12-02 Decided: 2017-01-31 Vaccine: influenza Vaccination date: 2014-09-22 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 190000 AI-assisted case summary: Garth R. Jackson filed a petition on December 2, 2016, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he received the influenza vaccine on September 22, 2014, and subsequently developed Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The Secretary of Health and Human Services denied that the flu vaccination caused Petitioner's GBS or any other injury. Despite maintaining their respective positions, both parties agreed to settle the matter through a stipulation filed on December 1, 2016. Special Master Brian H. Corcoran reviewed the file and found the stipulation to be reasonable, adopting its terms as the decision in awarding damages. The stipulation awarded Garth R. Jackson a lump sum of $190,000.00, payable by check to Petitioner, as compensation for all damages available under the Act. Judgment was to be entered accordingly. Theory of causation field: Petitioner Garth R. Jackson alleged that his September 22, 2014, influenza vaccine caused Guillain-Barré Syndrome (GBS) with residual effects lasting over six months. Respondent denied causation. The parties reached a settlement via stipulation, filed December 1, 2016, agreeing to an award of $190,000.00. Special Master Brian H. Corcoran adopted the stipulation, awarding the lump sum to Petitioner. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the causation theory or the settlement terms. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00391-0 Date issued/filed: 2017-01-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/02/2016) Regarding 27 DECISION: Stipulation. Signed by Special Master Brian H. Corcoran. (ed) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00391-UNJ Document 34 Filed 01/31/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-391V * * * * * * * * * * * * * * * * * * * * * * * * * * Special Master Corcoran GARTH R. JACKSON, * * Petitioner, * Filed: December 2, 2016 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Kelly D. Burdette, Burkett & Burdette, Seattle, WA, for Petitioner. Lara Ann Englund, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 20, 2015, Garth R. Jackson filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he suffered from Guillain-Barré Syndrome (“GBS”) as a result of his September 22, 2014, receipt of the influenza (“flu”) vaccine. Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months. 1 Because this decision contains a reasoned explanation for my actions in this case, I will 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 (2012). 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 will be available to the public. 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”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:15-vv-00391-UNJ Document 34 Filed 01/31/17 Page 2 of 7 Respondent denies that Petitioner’s flu vaccination caused his alleged GBS, or any other injury or condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on December 1, 2016) 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 $190,000.00 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 Case 1:15-vv-00391-UNJ Document 34 Filed 01/31/17 Page 3 of 7 Case 1:15-vv-00391-UNJ Document 34 Filed 01/31/17 Page 4 of 7 Case 1:15-vv-00391-UNJ Document 34 Filed 01/31/17 Page 5 of 7 Case 1:15-vv-00391-UNJ Document 34 Filed 01/31/17 Page 6 of 7 Case 1:15-vv-00391-UNJ Document 34 Filed 01/31/17 Page 7 of 7