VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00888
Package ID: USCOURTS-cofc-1_15-vv-00888
Petitioner: Irene Akahi
Filed: 2016-03-21
Decided: 2016-05-13
Vaccine: influenza
Vaccination date: 2013-11-26
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 95114

AI-assisted case summary:
Irene Akahi filed a petition on March 21, 2016, seeking compensation under the National Vaccine Injury Compensation Program. Ms. Akahi alleged that she developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination she received on November 26, 2013. She further alleged that her vaccine-related injuries lasted more than six months. The petition stated that neither she nor any other party had brought an action or received an award or settlement for her injuries. The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused petitioner's alleged GBS or any other injury or condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on March 18, 2016. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for compensation to Ms. Akahi totaling $95,114.61. This amount included a lump sum of $95,000.00 payable to Ms. Akahi and a lump sum of $114.61 to reimburse a Medicaid lien, payable jointly to Ms. Akahi and the State of Nevada, Department of Health and Human Services. This award was intended to compensate for all damages available under the Vaccine Act. The decision was issued on May 13, 2016. Petitioner was represented by Anne Carrion Toale of Maglio, Christopher, and Toale, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Irene Akahi alleged that her November 26, 2013, influenza vaccination caused her to develop Guillain-Barre Syndrome (GBS), with injuries lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $95,114.61, comprising $95,000.00 to petitioner and $114.61 for a Medicaid lien. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The award was based on a stipulation, not a finding of causation after litigation. Decision date: May 13, 2016. Attorneys: Anne Carrion Toale for petitioner; Sarah Christina Duncan for respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00888-0
Date issued/filed: 2016-05-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/21/2016) regarding 22 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties.
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Case 1:15-vv-00888-UNJ Document 31 Filed 05/13/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-888V
Filed: March 21, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
IRENE AKAHI, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccination;
v.
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio, Christopher, and Toale, Washington, DC, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 17, 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 she suffered Guillain-Barre Syndrome (“GBS”) as
a result of her November 26, 2013 influenza (“flu”) vaccination. Petition at 1-2;
Stipulation, filed March 18, 2016, at ¶¶ 2, 4. Petitioner further alleges her “vaccine
related injuries have lasted more than six months.” Petition, at ¶ 6; Stipulation, at ¶ 4.
Additionally, petitioner indicates that neither she, nor any other party, has brought an
action, or received an award or settlement for her injuries. Petition, at ¶¶ 8-9;
Stipulation, at ¶ 5. “Respondent denies that the influenza immunization is the cause of
petitioner’s alleged GBS or any other injury or condition.” Stipulation, at ¶ 6.
Nevertheless, on March 18, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-00888-UNJ Document 31 Filed 05/13/16 Page 2 of 7
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. A lump sum of $95,000.00 in the form of a check payable to
petitioner; and
B. A lump sum of $114.61, which amount represents reimbursement of
a Medicaid lien, in the form of a check payable jointly to petitioner
and
State of Nevada
Department of Health and Human Services
Division of Health Care Financing and Policy
Change Healthcare TPL Unit
P.O. Box 148850
Nashville, TN 37214-8850
Petitioner agrees to endorse this check to the State of Nevada,
Department of Health and Human Services.
Stipulation, at ¶ 8. This amount represents compensation for all items of damages that
would be available under 42 U.S.C. § 300aa-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

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