VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00395
Package ID: USCOURTS-cofc-1_15-vv-00395
Petitioner: Robert Horner
Filed: 2016-03-21
Decided: 2016-09-21
Vaccine: influenza
Vaccination date: 2013-09-24
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 368476

AI-assisted case summary:
Robert Horner filed a petition for compensation under the National Vaccine Injury Compensation Program on March 21, 2016, alleging he suffered Guillain-Barre Syndrome (GBS) following an influenza vaccination on September 24, 2013. Petitioner also stated there had been no prior award or settlement of a civil action for damages on his behalf as a result of his injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged GBS, any other injury, or his current disabilities. Despite the respondent's denial, the parties filed a joint stipulation for damages on March 21, 2016. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. Horner a lump sum of $368,476.18, payable by check to the petitioner. This amount represents compensation for all items of damages available under the Vaccine Act. The decision was entered on September 21, 2016. Petitioner was represented by Isaiah Kalinowski of Maglio Christopher & Toale, PA, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.

Theory of causation field:
Petitioner Robert Horner alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination on September 24, 2013. Respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation awarded petitioner a lump sum of $368,476.18. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. The decision date was September 21, 2016. Petitioner's counsel was Isaiah Kalinowski, and respondent's counsel was Claudia Barnes Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00395-0
Date issued/filed: 2016-09-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/21/2016) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00395-UNJ Document 34 Filed 09/21/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-395V
Filed: March 21, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT HORNER, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza;
* Guillain-Barre Syndrome (GBS);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 20, 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 suffered Guillain-Barre Syndrome (GBS) following
receipt of his September 24, 2013 influenza vaccination. Petition at 7-8; Stipulation,
filed 3/21/2016, ¶ 4. Petitioner further alleges that there has been no prior award or
settlement of a civil action for damages on his behalf as a result of his injury. Petition at
7; Stipulation¶ 5. “Respondent denies that the flu vaccine caused petitioner’s alleged
GBS, any other injury, or his current disabilities ” Stipulation, ¶ 6.
Nevertheless, on March 21, 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.
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-00395-UNJ Document 34 Filed 09/21/16 Page 2 of 7
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $368,476.18 in the form of a check payable to petitioner.
Stipulation, ¶ 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.

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