VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00887 Package ID: USCOURTS-cofc-1_15-vv-00887 Petitioner: Sydney P. Jensen Filed: 2016-04-04 Decided: 2016-05-19 Vaccine: influenza Vaccination date: 2014-09-26 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 157119 AI-assisted case summary: Sydney Jensen filed a petition for compensation under the National Vaccine Injury Compensation Program on August 17, 2015, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on September 26, 2014. She further alleged that she experienced residual effects of this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on April 4, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Sydney Jensen was awarded a lump sum of $150,000.00, payable to her, for all items of damages. Additionally, a lump sum of $7,119.28 was awarded, payable jointly to Ms. Jensen and her attorney, Stephen I. Leshner, for attorneys' fees and costs. The decision was based on the joint stipulation of the parties. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner was represented by Stephen I. Leshner, and respondent was represented by Ann Donohue Martin. Theory of causation field: Petitioner Sydney Jensen alleged that an influenza vaccine received on September 26, 2014, caused Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation awarded petitioner a lump sum of $150,000.00 for damages and $7,119.28 for attorneys' fees and costs. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00887-0 Date issued/filed: 2016-05-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/04/2016) regarding 24 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer,, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00887-UNJ Document 29 Filed 05/19/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0887V Filed: April 4, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * SYDNEY P. JENSEN, * * Petitioner, * Joint Stipulation on Damages; Joint * Stipulation on Attorneys’ Fees and v. * Costs; Influenza (“Flu”) Vaccine; SECRETARY OF HEALTH * Guillain-Barré Syndrome (“GBS”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Stephen I. Leshner, Stephen I. Leshner, P.C., Phoenix, AZ, for petitioner. Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 17, 2015, Sydney Jensen (“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 alleged that she suffered Guillain- Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine she received on September 26, 2014. Petition at 1; Stipulation, filed 4/4/2016, ¶¶ 3-4. Petitioner further alleged that she experienced the residual effects of this condition for more than six months. Stipulation¶ 4. “Respondent denies that petitioner’s influenza vaccine caused GBS or any other injury.” Stipulation, ¶ 6. Nevertheless, on April 4, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. 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). 1 Case 1:15-vv-00887-UNJ Document 29 Filed 05/19/16 Page 2 of 7 The parties stipulate that petitioner shall receive the following compensation: a. A lump sum of $150,000.00, in the form of a check payable to petitioner. Stipulation, ¶ 8a. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. b. A lump sum of $7,119.28, in the form of a check payable jointly to petitioner and petitioner’s attorney, Stephen I. Leshner, for attorneys’ fees and costs available under 42 U.S.C. § 300-aa-15(e). Stipulation, ¶ 8b. In compliance with General Order #9, petitioner represents that no personal, out-of-pocket expenses were incurred by petitioner in proceeding on the petition. 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-00887-UNJ Document 29 Filed 05/19/16 Page 3 of 7 Case 1:15-vv-00887-UNJ Document 29 Filed 05/19/16 Page 4 of 7 Case 1:15-vv-00887-UNJ Document 29 Filed 05/19/16 Page 5 of 7 Case 1:15-vv-00887-UNJ Document 29 Filed 05/19/16 Page 6 of 7 Case 1:15-vv-00887-UNJ Document 29 Filed 05/19/16 Page 7 of 7