VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00692 Package ID: USCOURTS-cofc-1_15-vv-00692 Petitioner: Anton Schumacher Filed: 2016-02-02 Decided: 2016-05-05 Vaccine: influenza Vaccination date: 2014-10-10 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 150000 AI-assisted case summary: Anton Schumacher filed a petition for compensation under the National Vaccine Injury Compensation Program on February 2, 2016, alleging that an influenza vaccine received on October 10, 2014, caused him to develop Guillain-Barré Syndrome (GBS). Mr. Schumacher stated that he received the vaccination in the United States and that his injury has had effects lasting more than six months. Respondent denied that the flu vaccine caused Mr. Schumacher's GBS or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on February 1, 2016, agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Mr. Schumacher was awarded a lump sum of $150,000.00 as compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with the stipulation. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00692-0 Date issued/filed: 2016-05-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/02/2016) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00692-UNJ Document 26 Filed 05/05/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0692V Filed: February 2, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * ANTON SCHUMACHER, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On July 2, 2015, Anton Schumacher (“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 10, 2014, caused him to develop Guillain-Barré Syndrome (“GBS”). Petition at 1; see also Stipulation, filed Feb. 1, 2016, at ¶¶ 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 months, and that he has not received compensation for his vaccine related injury. Petition at ¶¶ 3, 18, 23; see also Stipulation at ¶¶ 3-5. Respondent denies that the flu vaccine is the cause of petitioner’s GBS or any other injury, and further denies that his current disabilities are sequelae of a vaccine-related injury. Stipulation at ¶ 6. 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-00692-UNJ Document 26 Filed 05/05/16 Page 2 of 7 Nevertheless, on February 1, 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 stipulated that petitioner shall receive the following compensation: A lump sum of $150,000.00 in the form of a check payable to petitioner, Anton Schumacher. Stipulation at ¶ 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 Case 1:15-vv-00692-UNJ Document 26 Filed 05/05/16 Page 3 of 7 Case 1:15-vv-00692-UNJ Document 26 Filed 05/05/16 Page 4 of 7 Case 1:15-vv-00692-UNJ Document 26 Filed 05/05/16 Page 5 of 7 Case 1:15-vv-00692-UNJ Document 26 Filed 05/05/16 Page 6 of 7 Case 1:15-vv-00692-UNJ Document 26 Filed 05/05/16 Page 7 of 7