VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00828
Package ID: USCOURTS-cofc-1_15-vv-00828
Petitioner: Bruce Tuthill
Filed: 2016-09-02
Decided: 2016-11-02
Vaccine: influenza
Vaccination date: 2014-10-01
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Bruce Tuthill filed a petition for compensation under the National Vaccine Injury Compensation Program on August 3, 2015. He alleged that he suffered Guillain-Barré Syndrome (GBS) caused in fact by the influenza vaccine he received on October 1, 2014. Mr. Tuthill further alleged that he has suffered the effects of his injury for more than six months and has not filed a civil suit or received other compensation for his vaccine-caused injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury. Nevertheless, on September 1, 2016, the parties filed a joint stipulation for damages, stating that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Bruce Tuthill was awarded a lump sum of $70,000.00, payable to him, as compensation for all items of damages available under § 15(a). Maximillian Muller of Muller Brazil, LLP, represented the petitioner, and Althea Davis of the U.S. Department of Justice represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Bruce Tuthill alleged that he suffered Guillain-Barré Syndrome (GBS) caused in fact by the influenza vaccine he received on October 1, 2014. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented to support or refute the causation theory. The award of $70,000.00 was based on the joint stipulation, not a finding of fact or law on the merits of the causation theory. The theory of causation is described as 'Off-Table' in the provided database fields, and the public decision does not elaborate on this classification or provide further details on the specific theory presented or considered. Chief Special Master Nora Beth Dorsey issued the decision on November 2, 2016, adopting the stipulation. Petitioner was represented by Maximillian Muller, and respondent by Althea Davis.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00828-0
Date issued/filed: 2016-11-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/02/2016) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00828-UNJ Document 41 Filed 11/02/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0828V
Filed: September 2, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRUCE TUTHILL, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Althea Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 3, 2015, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that he suffered Guillain-Barré Syndrome (“GBS”) caused in
fact by the influenza vaccine he received on October 1, 2014. Petition at 1; see also
Stipulation, filed Sept. 1, 2016, at ¶¶ 1-2, 4. Petitioner further alleges that he has
suffered the effects of his injury for more than six months, and that he has not filed a
civil suit or received compensation for his injury alleged as vaccine caused. Petition at
¶¶ 9, 11; see also Stipulation at ¶ 4-5. “Respondent denies that the flu vaccine caused
petitioner’s GBS or any other injury or his current condition.” Stipulation at ¶ 6.
Nevertheless, on September 1, 2016, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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 has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact 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).

Case 1:15-vv-00828-UNJ Document 41 Filed 11/02/16 Page 2 of 7
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:
A lump sum of $70,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:15-vv-00828-UNJ Document 41 Filed 11/02/16 Page 3 of 7

Case 1:15-vv-00828-UNJ Document 41 Filed 11/02/16 Page 4 of 7

Case 1:15-vv-00828-UNJ Document 41 Filed 11/02/16 Page 5 of 7

Case 1:15-vv-00828-UNJ Document 41 Filed 11/02/16 Page 6 of 7

Case 1:15-vv-00828-UNJ Document 41 Filed 11/02/16 Page 7 of 7