VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00825 Package ID: USCOURTS-cofc-1_15-vv-00825 Petitioner: Sharon Roberts Filed: 2015-08-03 Decided: 2016-08-15 Vaccine: influenza Vaccination date: 2014-10-09 Condition: Guillain-Barré syndrome (“GBS”) Outcome: compensated Award amount USD: 112500 AI-assisted case summary: Sharon Roberts filed a petition on August 3, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 9, 2014, and experienced residual effects for more than six months. The respondent denied that the flu vaccine caused her GBS or any other injury. However, both parties agreed to settle the case through a stipulation filed on June 20, 2016. The Special Master reviewed the stipulation and found it reasonable, adopting it as the decision. The stipulation awarded Sharon Roberts a lump sum of $112,500.00 as compensation for all damages. Maximillian J. Muller represented the petitioner, and Douglas Ross represented the respondent. Special Master Brian H. Corcoran issued the decision on August 15, 2016. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of causation. Theory of causation field: Petitioner Sharon Roberts alleged that her Guillain-Barré syndrome (GBS) was caused by an influenza vaccine received on October 9, 2014. Respondent denied causation. The parties settled the case via stipulation, and the Special Master adopted the stipulation as the decision. The stipulation awarded Petitioner $112,500.00 for all damages. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The decision was issued by Special Master Brian H. Corcoran on August 15, 2016. Petitioner was represented by Muller Brazil, LLP, and Respondent by the U.S. Department of Justice. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00825-0 Date issued/filed: 2016-08-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/28/2016) Regarding 20 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00825-UNJ Document 29 Filed 08/15/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-825V * * * * * * * * * * * * * * * * * * * * * * * * * * SHARON ROBERTS, * * Filed: June 28, 2016 Petitioner, * * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccination; SECRETARY OF HEALTH * Guillain-Barré Syndrome (“GBS”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Douglas Ross, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 3, 2015, Sharon Roberts filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered from Guillain-Barré syndrome (“GBS”) as a result of her October 9, 2014, receipt of the influenza (“flu”) vaccine. Moreover, Petitioner alleges that she experienced residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused Petitioner to suffer from GBS, or any other injury, or her current condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on June 20, 2016) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. 1 Because this decision contains a reasoned explanation for my actions in this case, I will 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 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:15-vv-00825-UNJ Document 29 Filed 08/15/16 Page 2 of 7 I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $112,500.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amounts represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:15-vv-00825-UNJ Document 29 Filed 08/15/16 Page 3 of 7 Case 1:15-vv-00825-UNJ Document 29 Filed 08/15/16 Page 4 of 7 Case 1:15-vv-00825-UNJ Document 29 Filed 08/15/16 Page 5 of 7 Case 1:15-vv-00825-UNJ Document 29 Filed 08/15/16 Page 6 of 7 Case 1:15-vv-00825-UNJ Document 29 Filed 08/15/16 Page 7 of 7