VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00892 Package ID: USCOURTS-cofc-1_15-vv-00892 Petitioner: Lia Silveira Craft Filed: 2015-08-18 Decided: 2016-06-21 Vaccine: influenza Vaccination date: 2014-10-14 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Lia Silveira Craft filed a petition on August 18, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 14, 2014. Ms. Craft further alleged that she experienced residual effects from the injury for more than six months and had not received any prior settlement or award for this injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Craft's alleged GBS or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, on May 25, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Ms. Craft was awarded a lump sum of $100,000.00, payable by check to petitioner, as compensation for all items of damages available under the Vaccine Act. The decision was issued on June 21, 2016. Petitioner's counsel was Kelly Danielle Burdette of Burkett & Burdette, and respondent's counsel was Lisa Ann Watts 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 specific mechanism of causation. Theory of causation field: Petitioner alleged that an influenza vaccine administered on October 14, 2014, caused Guillain-Barre Syndrome (GBS) with 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 did not detail the specific theory of causation, expert testimony, or medical evidence presented. Petitioner Lia Silveira Craft received a $100,000.00 lump sum award. The decision date was June 21, 2016. Petitioner's counsel was Kelly Danielle Burdette, and respondent's counsel was Lisa Ann Watts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00892-0 Date issued/filed: 2016-06-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/26/2016) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00892-UNJ Document 36 Filed 06/21/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-892V Filed: May 26, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * LIA SILVEIRA CRAFT, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barre Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Kelly Danielle Burdette, Burkett & Burdette, Seattle, WA, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 18, 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 result of her influenza (“flu”) administered on October 14, 2014. Petition at 1; Stipulation, filed May 25, 2016, at ¶ 4. Petitioner further alleges that she suffered the residual effects of this injury for more than six months, and that she has received no prior settlement or award as compensation for this injury. Petition at ¶ 11; Stipulation at ¶¶ 4-5. “Respondent denies that the flu vaccine caused petitioner’s alleged GBS, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 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-00892-UNJ Document 36 Filed 06/21/16 Page 2 of 7 Nevertheless, on May 25, 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. The parties stipulate that petitioner shall receive the following compensation: A lump sum of $100,000.00 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 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 Case 1:15-vv-00892-UNJ Document 36 Filed 06/21/16 Page 3 of 7 Case 1:15-vv-00892-UNJ Document 36 Filed 06/21/16 Page 4 of 7 Case 1:15-vv-00892-UNJ Document 36 Filed 06/21/16 Page 5 of 7 Case 1:15-vv-00892-UNJ Document 36 Filed 06/21/16 Page 6 of 7 Case 1:15-vv-00892-UNJ Document 36 Filed 06/21/16 Page 7 of 7