VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00765
Package ID: USCOURTS-cofc-1_15-vv-00765
Petitioner: Dawn Kelly
Filed: 2015-07-22
Decided: 2017-03-09
Vaccine: influenza
Vaccination date: 2012-10-12
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 61152

AI-assisted case summary:
On July 22, 2015, Dawn Kelly filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on October 12, 2012. The respondent denied that the vaccination caused her injury. The parties, however, reached a joint stipulation to settle the case. Under the terms of the stipulation, the respondent agreed to issue payments totaling $61,152.92. This amount included $1,152.92 to satisfy a Georgia Medicaid lien and $60,000.00 as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation accordingly. The decision does not specify the time to onset of Ms. Kelly's GBS, the specific influenza vaccine received, or whether the claim was considered a Table or off-Table injury. Petitioner counsel was Carol Gallagher of Carol Gallagher, Esquire, LLC, and respondent counsel was Adriana Teitel of the U.S. Department of Justice.

Theory of causation field:
Petitioner Dawn Kelly alleged that she developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on October 12, 2012. Respondent denied causation. The parties reached a joint stipulation to settle the case. The settlement included a payment of $1,152.92 to satisfy a Georgia Medicaid lien and $60,000.00 for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation on March 9, 2017. The public decision does not specify the mechanism of injury, expert testimony, or whether the claim was considered a Table or off-Table injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00765-0
Date issued/filed: 2017-04-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/9/2017) regarding 43 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:15-vv-00765-UNJ Document 47 Filed 04/03/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: March 9, 2017)
No. 15-765V
* * * * * * * * * * * * *
DAWN KELLY, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Guillain-Barre Syndrome
v. * (“GBS”); Influenza (“Flu”)
* Vaccine.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Carol Gallagher, Carol Gallagher, Esquire, LLC, Linwood, NJ, for petitioner.
Adriana Teitel, US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On July 22, 2015, Dawn Kelly [“Ms. Kelly,” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to post this decision 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 (2012)). In accordance with Vaccine Rule 18(b), a party
has 14 days to identify and move to delete medical or other information, that satisfies the criteria
in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, I will delete 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).
1

Case 1:15-vv-00765-UNJ Document 47 Filed 04/03/17 Page 2 of 7
vaccination on October 12, 2012. See Stipulation, filed March 8, 2017, at ¶¶ 1-4. Respondent
denies that the influenza immunization caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On March 8, 2017, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payments:
(1) A lump sum payment of $1,152.92, representing compensation for full
satisfaction of the State of Georgia Medicaid lien, in the form of a check payable
jointly to petitioner and:
Georgia Department of Community Health
PO Box 1984
Atlanta, GA 30301-1984
Petitioner agrees to endorse this payment to Georgia Department of Community
Health; and
(2) A lump sum of $60,000.00 in the form of a check payable to petitioner, Dawn
Kelly. This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a
notice renouncing the right to seek review.
2

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