VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00864 Package ID: USCOURTS-cofc-1_15-vv-00864 Petitioner: Kenneth Bitticks Filed: 2016-09-12 Decided: 2016-09-12 Vaccine: influenza Vaccination date: 2012-11-19 Condition: Guillain-Barré syndrome (“GBS”); Chronic Inflammatory Demyelinating Polyradiculoneuropathy (“CIDP”) Outcome: compensated Award amount USD: 218368 AI-assisted case summary: Petitioner Kenneth Bitticks filed a claim on September 12, 2016, alleging that an influenza vaccine administered on November 19, 2012, caused him to develop Guillain-Barré syndrome (GBS) and Chronic Inflammatory Demyelinating Polyradiculoneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's conditions. The parties reached a settlement stipulation, which Special Master Laura D. Millman found to be reasonable. The court adopted the terms of the stipulation. The award included a lump sum of $218,368.00, comprising $8,494.00 for first-year life care expenses, $204,974.00 for pain and suffering, and $4,900.00 for past unreimbursable expenses. An additional amount was awarded to purchase an annuity contract as described in the stipulation. The decision was filed on September 12, 2016. Petitioner's counsel was Alison H. Haskins, and respondent's counsel was Linda S. Renzi. Theory of causation field: Petitioner Kenneth Bitticks alleged that an influenza vaccine received on November 19, 2012, caused him to develop Guillain-Barré syndrome (GBS) and Chronic Inflammatory Demyelinating Polyradiculoneuropathy (CIDP). The respondent denied causation. The parties reached a stipulation to settle the case. Special Master Laura D. Millman adopted the stipulation, awarding a lump sum of $218,368.00 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity. The decision was filed on September 12, 2016. Petitioner was represented by Alison H. Haskins, and respondent by Linda S. Renzi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00864-0 Date issued/filed: 2016-10-07 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 09/12/2016) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00864-UNJ Document 33 Filed 10/07/16 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-864V Filed: September 12, 2016 Not for Publication ************************************* KENNETH BITTICKS, * * Petitioner, * Damages decision based on * stipulation; influenza (“flu”) v. * vaccine; Guillain-Barré syndrome * (“GBS”); Chronic Inflammatory SECRETARY OF HEALTH * Demyelinating AND HUMAN SERVICES, * Polyradiculoneuropathy (“CIDP”) * Respondent. * * ************************************* Alison H. Haskins, Sarasota, FL for petitioner. Linda S. Renzi, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On September 12, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that his receipt of influenza (“flu”) vaccine on November 19, 2012 caused him to develop Guillain-Barré syndrome (“GBS”) and Chronic Inflammatory Demyelinating Polyradiculoneuropathy (“CIDP”). Respondent denies that petitioner’s flu vaccine caused him to develop GBS, CIDP, any other injury, or his current condition. 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. Case 1:15-vv-00864-UNJ Document 33 Filed 10/07/16 Page 2 of 9 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ attached stipulation and awards compensation in the amount and on the terms set forth in the stipulation. Pursuant to the stipulation, the court awards: a. a lump sum of $218,368.00 representing compensation for first year life care expenses ($8,494.00), pain and suffering ($204,974.00), and past unreimbursable expenses ($4,900.00). The award shall be in the form of a check payable to petitioner in the amount of $218,368.00; and b. an amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation, paid to the life insurance company from which the annuity will be purchased. 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: September 12, 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-00864-UNJ Document 33 Filed 10/07/16 Page 3 of 9 Case 1:15-vv-00864-UNJ Document 33 Filed 10/07/16 Page 4 of 9 Case 1:15-vv-00864-UNJ Document 33 Filed 10/07/16 Page 5 of 9 Case 1:15-vv-00864-UNJ Document 33 Filed 10/07/16 Page 6 of 9 Case 1:15-vv-00864-UNJ Document 33 Filed 10/07/16 Page 7 of 9 Case 1:15-vv-00864-UNJ Document 33 Filed 10/07/16 Page 8 of 9 Case 1:15-vv-00864-UNJ Document 33 Filed 10/07/16 Page 9 of 9