VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00661 Package ID: USCOURTS-cofc-1_15-vv-00661 Petitioner: Arthur Collins Filed: 2015-06-24 Decided: 2016-07-27 Vaccine: influenza Vaccination date: 2013-10-26 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Arthur Collins filed a petition for compensation on June 24, 2015, alleging that an influenza vaccine administered on October 26, 2013, caused him to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Collins's GBS or any other injury, and denied that his current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation for damages. The stipulation stated that Mr. Collins would receive a lump sum of $200,000.00 as compensation for all available damages. Special Master Lisa Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. The parties waived their right to seek review, and judgment was to be entered in accordance with the terms of the stipulation. Petitioner was represented by Isaiah Kalinowski of Maglio, Christopher and Toale, PA, and Respondent was represented by Glenn MacLeod of the United States Department of Justice. Theory of causation field: Petitioner Arthur Collins alleged that an influenza vaccine administered on October 26, 2013, caused Guillain-Barré syndrome (GBS). Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award of $200,000.00. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. The public decision does not describe the specific mechanism of causation, medical experts, onset of symptoms, diagnostic tests, or treatments. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00661-0 Date issued/filed: 2016-09-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/28/2016) regarding 23 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00661-UNJ Document 28 Filed 09/02/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-661V Filed: July 28, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED ARTHUR COLLINS, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barré syndrome (“GBS”). SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Isaiah Kalinowski, Maglio, Christopher and Toale, PA, Washington, D.C., for Petitioner. Glenn MacLeod, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On June 24, 2015, Arthur Collins (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that an influenza (“flu”) vaccine administered on October 26, 2013 caused him to suffer from Guillain-Barré syndrome (“GBS”). On July 27, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Respondent denies that the flu vaccine caused Petitioner’s alleged GBS or any other injury and further denies that his current disabilities are a sequela of a vaccine-related injury. However, the parties agree to the joint stipulation, attached 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. § 3501 note (2012). As provided by Vaccine Rule 18(b), each party has 14 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). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:15-vv-00661-UNJ Document 28 Filed 09/02/16 Page 2 of 7 hereto as Appendix A. 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 $200,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation ¶ 8. The undersigned approves the requested amounts for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 CCaassee 11::1155--vvvv--0000666611--UUNNJJ DDooccuummeenntt 2228 FFiilleedd 0079//2072//1166 PPaaggee 13 ooff 57 CCaassee 11::1155--vvvv--0000666611--UUNNJJ DDooccuummeenntt 2228 FFiilleedd 0079//2072//1166 PPaaggee 24 ooff 57 CCaassee 11::1155--vvvv--0000666611--UUNNJJ DDooccuummeenntt 2228 FFiilleedd 0079//2072//1166 PPaaggee 35 ooff 57 CCaassee 11::1155--vvvv--0000666611--UUNNJJ DDooccuummeenntt 2228 FFiilleedd 0079//2072//1166 PPaaggee 46 ooff 57 CCaassee 11::1155--vvvv--0000666611--UUNNJJ DDooccuummeenntt 2228 FFiilleedd 0079//2072//1166 PPaaggee 57 ooff 57