VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00396
Package ID: USCOURTS-cofc-1_15-vv-00396
Petitioner: Yvonne Hocking
Filed: 2015-04-20
Decided: 2016-05-19
Vaccine: influenza
Vaccination date: 2013-10-01
Condition: Guillain-Barre Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 175000

AI-assisted case summary:
Yvonne Hocking, an adult, received an influenza vaccination on October 1, 2013. Her estate, represented by Randy A. Keister, Sr., filed a petition on April 20, 2015, alleging that Ms. Hocking developed Guillain-Barre Syndrome (GBS) following the vaccination and that her subsequent death was a sequela of this vaccine-related GBS. The respondent denied that Ms. Hocking suffered any injury as a result of the immunization or that her death was a sequela of vaccine-related GBS. Despite the respondent's denial, the parties filed a joint stipulation for damages on April 8, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision. The estate was awarded a lump sum of $175,000.00, payable to Randy A. Keister, Sr. as Personal Representative of the Estate of Yvonne Hocking, to compensate for all items of damages available under the Vaccine Act. The decision was issued on May 19, 2016. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or the specific mechanism of causation. Petitioner's counsel was Glynn Weldon Gilcrease, Jr., and respondent's counsel was Gordon Elliot Shemin.

Theory of causation field:
Petitioner alleged that Yvonne Hocking suffered Guillain-Barre Syndrome (GBS) following her October 1, 2013 influenza vaccination, and that her subsequent death was a sequela of vaccine-related GBS. Respondent denied any vaccine-related injury or death. The parties filed a joint stipulation for damages, agreeing to an award. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS and subsequent death. The case was resolved via stipulation, with the estate awarded $175,000.00. The decision was issued by Chief Special Master Nora Beth Dorsey on May 19, 2016. Petitioner's counsel was Glynn Weldon Gilcrease, Jr., and respondent's counsel was Gordon Elliot Shemin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00396-0
Date issued/filed: 2016-05-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/08/2016) regarding 35 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00396-UNJ Document 40 Filed 05/19/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-396V
Filed: April 8, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RANDY A. KEISTER, SR., as Personal, *
Representative of the Estate of *
Yvonne Hocking, deceased, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Glynn Weldon Gilcrease, Jr., Law Office of Glynn W. Gilcrease, Jr., P.C., Tempe, AZ,
for petitioner.
Gordon Elliot Shemin, 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”).3 Petitioner alleges that the decedent suffered Guillian-Barre Syndrome (“GBS”)
following receipt of her October 1, 2013 influenza vaccination. Petition at 1-2;
Stipulation, filed 4/8/2016, ¶ 4. Petitioner further alleges that there has been no prior
award or settlement of a civil action for damages on behalf of Ms. Hocking as a result of
her condition and/or her death. Petition at 3; Stipulation¶ 5. “Respondent denies that
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).
3 Initially the petitioner in this case was Yvonne Hocking. Mr. Keister was substituted as the petitioner
following Ms. Hocking’s death. (ECF Nos. 28-30.)

Case 1:15-vv-00396-UNJ Document 40 Filed 05/19/16 Page 2 of 7
Ms. Hocking suffered any injury as a result of the flu immunization administered on or
about October 1, 2013, and further denies that Ms. Hocking’s death was a sequela of
her allegedly vaccine-related GBS. ” Stipulation, ¶ 6.
Nevertheless, on April 8, 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.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $175,000.00 in the form of a check payable to petitioner as
Personal Representative of the Estate of Yvonne Hocking. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4 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

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