VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00867
Package ID: USCOURTS-cofc-1_15-vv-00867
Petitioner: David Mikkelson
Filed: 2016-07-25
Decided: 2016-08-25
Vaccine: influenza
Vaccination date: 2013-10-03
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 215000

AI-assisted case summary:
David Mikkelson filed a petition on August 12, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he developed Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 3, 2013, and that he experienced continued weakness and pain related to GBS through February 2015. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Mikkelson's alleged GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case. They entered into a stipulation on July 20, 2016, proposing a lump sum payment of $215,000.00 to Mr. Mikkelson as compensation for all elements of damages. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Judgment was to be entered accordingly.

Theory of causation field:
Petitioner David Mikkelson alleged that his October 3, 2013, influenza vaccine caused Guillain-Barré syndrome (GBS), with continued weakness and pain through February 2015. Respondent denied causation. The parties stipulated to a settlement, agreeing to an award of $215,000.00 for all elements of damages. Special Master Brian H. Corcoran adopted the stipulation as his decision. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00867-0
Date issued/filed: 2016-08-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/25/2016) regarding 26 DECISION Stipulation (Signed by Special Master Brian H. Corcoran) (ss) Copy to parties.
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Case 1:15-vv-00867-UNJ Document 31 Filed 08/25/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-867V
Filed: July 25, 2016
* * * * * * * * * * * * * * * * * * * * * * * * *
DAVID MIKKELSON, *
*
*
Petitioner, * Special Master Corcoran
*
v. *
*
SECRETARY OF HEALTH * Damages Decision;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Rene Gentry, George Washington University Law School Vaccine Injury Clinic, Washington,
DC, for Petitioner.
Julia Wernett McInerny, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 12, 2015, David Mikkelson filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he
developed Guillain-Barré syndrome (“GBS”) as a result of his October 3, 2013, receipt of the
influenza (“flu”) vaccine, and that he continued weakness and pain related to GBS through
February 2015.
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-00867-UNJ Document 31 Filed 08/25/16 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s alleged GBs or any other injury.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed on July 20, 2016) that the issues before them could be settled, and a decision should be
entered awarding Petitioner compensation.
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 proposes:
 A lump sum payment of $215,000.00 in the form of a check payable to Petitioner.
This amounts represents compensation for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which Petitioner is entitled.
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

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