VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00757
Package ID: USCOURTS-cofc-1_15-vv-00757
Petitioner: Dean Waasted
Filed: 2016-03-24
Decided: 2016-03-24
Vaccine: influenza
Vaccination date: 2014-09-05
Condition: Guillain-Barré Syndrome (“GBS”) and Transverse Myelitis (“TM”)
Outcome: compensated
Award amount USD: 375000

AI-assisted case summary:
Petitioner Dean Waasted filed a petition on March 24, 2016, alleging that he suffered Guillain-Barré Syndrome (GBS) and Transverse Myelitis (TM) caused by an influenza vaccine he received on September 5, 2014. He further alleged that he experienced residual effects from these injuries for more than six months. The respondent denied that the influenza vaccine caused the petitioner's alleged injuries or current disabilities. The parties reached a stipulation to settle the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Dean Waasted $375,000.00 as compensation for all damages. The award was to be paid as a lump sum check made payable to the petitioner. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Gordon Shemin. The decision was issued on March 24, 2016.

Theory of causation field:
Petitioner Dean Waasted alleged that an influenza vaccine administered on September 5, 2014, caused him to develop Guillain-Barré Syndrome (GBS) and Transverse Myelitis (TM), with residual effects lasting over six months. Respondent denied causation. The parties reached a stipulation to settle the case, and Special Master Laura D. Millman adopted the stipulation, awarding $375,000.00 as a lump sum for all damages. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the petitioner's theory of causation or the respondent's denial. Petitioner was represented by Jeffrey S. Pop, and respondent by Gordon Shemin. The decision was issued on March 24, 2016.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00757-0
Date issued/filed: 2016-04-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/24/2016) regarding 20 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00757-UNJ Document 28 Filed 04/14/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-757V
Filed: March 24, 2016
Not for Publication
*************************************
DEAN WAASTED, *
*
Petitioner, *
* Damages decision based on
v. * stipulation; influenza (flu) vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Transverse Myelitis (“TM”)
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Jeffrey S. Pop, Beverly Hills, CA, for petitioner.
Gordon Shemin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On March 23, 2016, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that he suffered from
Guillain-Barré Syndrome (“GBS”) and Transverse Myelitis (“TM”) caused by his receipt of the
influenza (“flu”) vaccine on September 5, 2014. He further alleges that he experienced the
residual effects of his injuries for more than six months. Respondent denies that the flu vaccine
caused petitioner to suffer GBS, TM, or any other injury and further denies that the flu vaccine
caused petitioner’s current disabilities. 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.
1

Case 1:15-vv-00757-UNJ Document 28 Filed 04/14/16 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$375,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2012). The award shall be in the form of a check for $375,000.00 made payable
to petitioner.
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: March 24, 2016 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-00757-UNJ Document 28 Filed 04/14/16 Page 3 of 7

Case 1:15-vv-00757-UNJ Document 28 Filed 04/14/16 Page 4 of 7

Case 1:15-vv-00757-UNJ Document 28 Filed 04/14/16 Page 5 of 7

Case 1:15-vv-00757-UNJ Document 28 Filed 04/14/16 Page 6 of 7

Case 1:15-vv-00757-UNJ Document 28 Filed 04/14/16 Page 7 of 7