VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00579
Package ID: USCOURTS-cofc-1_15-vv-00579
Petitioner: Christopher Aaron Fitzwater
Filed: 2016-01-29
Decided: 2016-05-04
Vaccine: influenza
Vaccination date: 2013-10-15
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 62097

AI-assisted case summary:
Christopher Aaron Fitzwater filed a petition on January 29, 2016, alleging that an influenza vaccine he received on October 15, 2013, caused him to develop Guillain-Barré Syndrome (GBS). Mr. Fitzwater stated he received the vaccination in the United States, that he suffered the effects of his injury for more than six months, and that he had not received compensation for his vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury. Nevertheless, on January 28, 2016, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Christopher Aaron Fitzwater was awarded a lump sum of $62,097.67 as compensation for all items of damages available under the Vaccine Act. Petitioner's counsel was Nancy Meyers of Ward Black Law, and respondent's counsel was Lara Englund of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or any expert witnesses.

Theory of causation field:
Christopher Aaron Fitzwater alleged that an influenza vaccine administered on October 15, 2013, caused him to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Mr. Fitzwater was awarded $62,097.67. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The case was resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00579-0
Date issued/filed: 2016-05-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/29/2016) regarding 23 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00579-UNJ Document 36 Filed 05/04/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0579V
Filed: January 29, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTOPHER AARON FITZWATER, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Nancy Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Lara Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 8, 2015, Christopher Aaron Fitzwater (“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 an influenza vaccine he
received on October 15, 2013, caused him to develop Guillain-Barré Syndrome (“GBS”).
Petition at 1; see also Stipulation, filed Jan. 28, 2016, ¶¶ 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 month, and that he has not received compensation for his
vaccine related injury. Petition, ¶¶ 2, 13, 16; see also Stipulation, ¶¶ 3-5. Respondent
denies that the flu vaccine is the cause of petitioner’s GBS or any other injury or his
current condition. Stipulation, ¶ 6.
Nevertheless, on January 28, 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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). 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-00579-UNJ Document 36 Filed 05/04/16 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $62,097.67 in the form of a check payable to petitioner,
Christopher Aaron Fitzwater. 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.
2

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