VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00807
Package ID: USCOURTS-cofc-1_15-vv-00807
Petitioner: Madsen
Filed: 2016-10-14
Decided: 2016-12-02
Vaccine: influenza
Vaccination date: 2013-09-18
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 2989470

AI-assisted case summary:
On October 14, 2016, an unnamed petitioner filed a claim under the National Childhood Vaccine Injury Act of 1986, alleging that an Influenza ("Flu") vaccine administered on September 18, 2013, caused her to develop Guillain-Barré Syndrome ("GBS"). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's GBS or any other injury. However, on October 11, 2016, the parties filed a joint stipulation on damages, agreeing that compensation should be awarded. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded the petitioner a lump sum payment of $2,978,711.73, which represented compensation for first-year life care expenses ($24,251.49), lost earnings ($2,718,701.03), pain and suffering ($225,000.00), and past unreimbursable expenses ($10,759.21). Additionally, an amount sufficient to purchase an annuity contract was awarded. The total award, including the annuity component, amounted to $2,989,470. The parties waived their right to seek review, and judgment was entered accordingly. The decision was originally filed on July 29, 2015, and refiled in redacted form on December 2, 2016, to protect the petitioner's identity. The public decision does not describe the petitioner's specific onset of symptoms, medical tests, treatments, or the specific mechanism of causation. Petitioner was represented by Carol L. Gallagher, Esq., LLC, and respondent was represented by Darryl R. Wishard of the United States Department of Justice.

Theory of causation field:
The petitioner alleged that an Influenza ("Flu") vaccine administered on September 18, 2013, caused her to develop Guillain-Barré Syndrome ("GBS"). The respondent denied causation. The parties subsequently filed a joint stipulation on damages, agreeing to an award. The Special Master adopted the stipulation. The award included a lump sum of $2,978,711.73 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity, totaling $2,989,470. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The case was decided by Special Master Lisa Hamilton-Fieldman on December 2, 2016, based on a stipulation filed by petitioner's counsel Carol L. Gallagher and respondent's counsel Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00807-0
Date issued/filed: 2016-12-02
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 10/14/2016) regarding 49 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (Attachments: #1 Appendix A)(jk) Copy to parties. Modified on 7/11/2019 to include the attachment(s) in the main document for posting to the courts website (da).
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Case 1:15-vv-00807-UNJ Document 59 Filed 12/02/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-807V
Originally Filed: October 14, 2016
Refiled in Redacted Form: December 2, 2016
* * * * * * * * * * * * * * * *
, * UNPUBLISHED
*
Petitioner, * Special Master Hamilton-Fieldman
*
v. * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Guillain
SECRETARY OF HEALTH * Barré Syndrome (“GBS”).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esq., LLC, for Petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On July 29, 2015, (“Petitioner”) petitioned for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2012).
Petitioner alleged that the administration of the Influenza (“Flu”) vaccine, on September 18,
2013, caused her to develop Guillain-Barré Syndrome (“GBS”).
On October 11, 2016, the parties filed a stipulation stating that a decision should be
entered awarding compensation. Respondent denies that the Flu vaccine caused Petitioner’s
1 When this decision was originally filed the undersigned advised her intent 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 filed a timely motion
to redact certain information. This decision is being reissued with the redaction of Petitioner’s
name. Except for those changes and this footnote, no other substantive changes have been made.
This decision will be posted on the court’s website with no further opportunity to move for
redaction.
1

Case 1:15-vv-00807-UNJ Document 59 Filed 12/02/16 Page 2 of 9
alleged GBS or any other injury. Stipulation at ¶ 6, filed Oct. 11, 2016. Nevertheless, the parties
agree to the joint stipulation, attached 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:
1) A lump sum payment of $2,978,711.73, which amount represents compensation for
first year life care expenses ($24,251.49), lost earnings ($2,718,701.03), pain and
suffering ($225,000.00), and past unreimburseable expenses ($10,759.21), in the
form of a check payable to Petitioner; and
2) An amount sufficient to purchase an annuity contract described in paragraph 10 of
the stipulation, to be paid to a life insurance company meeting the criteria described
in paragraph 9 of the stipulation, from which the annuity will be purchased.
Stipulation at ¶ 8, filed Oct. 11, 2016. These amounts represent compensation for all damages
that would be available under section 15(a) of the Act. Id. 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.2
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2 Entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek
review. Vaccine Rule 11(a).
2

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