VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00724 Package ID: USCOURTS-cofc-1_15-vv-00724 Petitioner: Thomas Reece Filed: 2017-01-17 Decided: 2017-01-17 Vaccine: influenza Vaccination date: 2014-10-31 Condition: Guillain-Barré syndrome (“GBS”) Outcome: compensated Award amount USD: 646322 AI-assisted case summary: Thomas Reece filed a petition on January 17, 2017, alleging that his receipt of an influenza vaccine on or about October 31, 2014, caused him to develop Guillain-Barré syndrome (GBS) and that he experienced residual effects for more than six months. The Secretary of Health and Human Services denied that the flu vaccine caused Mr. Reece's GBS or any other injury. The parties reached a settlement agreement to resolve the case. Special Master Laura D. Millman adopted the stipulation and awarded compensation. The award included a lump sum of $646,322.67, which represented compensation for first-year life care expenses ($66,852.81), lost earnings ($332,793.86), pain and suffering ($235,000.00), and past unreimbursable expenses ($11,676.00). This lump sum was to be paid via check to the petitioner. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded and to be paid to the life insurance company from which the annuity would be purchased. The decision was issued on January 17, 2017. Michael G. McLaren represented the petitioner, and Amy P. Kokot represented the respondent. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Thomas Reece alleged that an influenza vaccine administered on or about October 31, 2014, caused him to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation to settle the case. The Special Master adopted the stipulation, awarding a lump sum of $646,322.67 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount to purchase an annuity. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The decision date was January 17, 2017. Attorneys were Michael G. McLaren for the petitioner and Amy P. Kokot for the respondent. Special Master Laura D. Millman issued the decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00724-0 Date issued/filed: 2017-02-14 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 01/17/2017) regarding 32 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00724-UNJ Document 36 Filed 02/14/17 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-724V Filed: January 17, 2017 Not for Publication ************************************* THOMAS REECE, * * Petitioner, * Damages decision based on a * stipulation; influenza (“flu”) v. * vaccine; Guillain-Barré syndrome * (“GBS”) SECRETARY OF HEALTH * AND HUMAN SERVICES, * Respondent. * * ************************************* Michael G. McLaren, Memphis, TN, for petitioner. Amy P. Kokot, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On January 17, 2017, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that his receipt of the influenza (“flu”) vaccine on or about October 31, 2014 caused him to develop Guillain-Barré syndrome (“GBS”). Petitioner further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that petitioner’s receipt of the flu vaccine caused petitioner to suffer GBS, any other injury, or his current condition. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision 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). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the documents disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:15-vv-00724-UNJ Document 36 Filed 02/14/17 Page 2 of 10 The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ attached stipulation and awards compensation in the amount and on the terms set forth in the stipulation. Pursuant to the stipulation, the court awards: a. a lump sum of $646,322.67 representing compensation for first year life care expenses ($66,852.81), lost earnings ($332,793.86), pain and suffering ($235,000.00), and past unreimbursable expenses ($11,676.00). This award shall be in the form of a check made payable to petitioner; and b. an amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation, paid to the life insurance company from which the annuity will be purchased. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: January 17, 2017 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:15-vv-00724-UNJ Document 36 Filed 02/14/17 Page 3 of 10 Case 1:15-vv-00724-UNJ Document 36 Filed 02/14/17 Page 4 of 10 Case 1:15-vv-00724-UNJ Document 36 Filed 02/14/17 Page 5 of 10 Case 1:15-vv-00724-UNJ Document 36 Filed 02/14/17 Page 6 of 10 Case 1:15-vv-00724-UNJ Document 36 Filed 02/14/17 Page 7 of 10 Case 1:15-vv-00724-UNJ Document 36 Filed 02/14/17 Page 8 of 10 Case 1:15-vv-00724-UNJ Document 36 Filed 02/14/17 Page 9 of 10 Case 1:15-vv-00724-UNJ Document 36 Filed 02/14/17 Page 10 of 10