VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00893 Package ID: USCOURTS-cofc-1_15-vv-00893 Petitioner: David Engelman Filed: 2015-08-18 Decided: 2016-07-05 Vaccine: influenza Vaccination date: 2013-09-24 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: David Engelman filed a petition for compensation on August 18, 2015, alleging that the influenza vaccine he received on or about September 24, 2013, caused him to develop Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied that the flu vaccine caused Mr. Engelman's GBS or any other injury. Nevertheless, the parties reached a stipulation for compensation. Special Master Christian J. Moran adopted the stipulation, awarding Mr. Engelman a lump sum payment of $75,000.00. This award represents compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was issued on July 5, 2016. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Diana S. Sedar of Maglio Christopher and Toale, PA, and respondent counsel was Douglas Ross of the U.S. Dep’t of Justice. Theory of causation field: Petitioner David Engelman received an influenza vaccine on or about September 24, 2013. He alleged this vaccine caused Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for compensation, which Special Master Christian J. Moran adopted. The award was a lump sum of $75,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision date was July 5, 2016. The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the lump sum. Petitioner counsel was Diana S. Sedar, and respondent counsel was Douglas Ross. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00893-0 Date issued/filed: 2016-07-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/13/16) regarding 25 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00893-UNJ Document 33 Filed 07/05/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * DAVID ENGELMAN, * No. 15-893V * Special Master Christian J. Moran Petitioner, * * v. * * Filed: June 13, 2016 SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation; Influenza (“Flu”) vaccine; * GBS. Respondent. * * * * * * * * * * * * * * * * * * * * * * * * Diana S. Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner; Douglas Ross, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On June 9, 2016, the parties filed a joint stipulation concerning the petition for compensation filed by David Engelman on August 18, 2015. In his petition, petitioner alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”),2 42 C.F.R. §100.3(a), and which David Engelman received on or about September 24, 2013, caused him to suffer injuries, Guillain-Barre Syndrome (GBS), with residual effects lasting more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. 2 Except the typhoid vaccine, which is not covered by the Vaccine Injury Table. Case 1:15-vv-00893-UNJ Document 33 Filed 07/05/16 Page 2 of 7 Respondent denies that the flu vaccine that petitioner received caused petitioner’s GBS, any other injury, or his condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $75,000.00 in the form of a check payable to petitioner, David Engelman. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 15-893V according to this decision and the attached stipulation.3 Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:15-vv-00893-UNJ Document 33 Filed 07/05/16 Page 3 of 7 Case 1:15-vv-00893-UNJ Document 33 Filed 07/05/16 Page 4 of 7 Case 1:15-vv-00893-UNJ Document 33 Filed 07/05/16 Page 5 of 7 Case 1:15-vv-00893-UNJ Document 33 Filed 07/05/16 Page 6 of 7 Case 1:15-vv-00893-UNJ Document 33 Filed 07/05/16 Page 7 of 7