VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00896 Package ID: USCOURTS-cofc-1_15-vv-00896 Petitioner: Efraim Kamara Filed: 2015-08-19 Decided: 2017-12-15 Vaccine: influenza Vaccination date: 2014-10-28 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 800000 AI-assisted case summary: Efraim Kamara filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on October 28, 2014. Mr. Kamara asserted that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that no prior settlement or award had been made for his condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Kamara's alleged GBS or any other injury, and further denied that his current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on May 18, 2017, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Mr. Kamara was awarded a lump sum of $800,000.00, representing compensation for all damages available under the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00896-0 Date issued/filed: 2017-12-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/18/2017) regarding 46 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-00896-UNJ Document 56 Filed 12/15/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-896V Filed: May 18, 2017 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * EFRAIM KAMARA, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Guillain-Barré * Syndrome (“GBS”); Special Processing SECRETARY OF HEALTH * Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Nancy R. Meyers, Ward Black Law, Greensboro, NC, for petitioner. Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 19, 2015, Efraim Kamara (“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 he suffered Guillain- Barré Syndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccine on October 28, 2014. Pet. at 1; Stip., filed May 18, 2017, at ¶¶ 1, 2, 4. Petitioner further asserts that the vaccine was administered in the United States, that he experienced the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of his condition. Pet. at ¶¶ 2, 12, 14- 15; Stip. at ¶¶ 3-5. 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. Stip. 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-00896-UNJ Document 56 Filed 12/15/17 Page 2 of 7 Nevertheless, on May 18, 2017, 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. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $800,000.00 in the form of a check payable to petitioner, Efraim Kamara. Stip. at ¶ 8. This amount represents compensation for all 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-00896-UNJ Document 56 Filed 12/15/17 Page 3 of 7 Case 1:15-vv-00896-UNJ Document 56 Filed 12/15/17 Page 4 of 7 Case 1:15-vv-00896-UNJ Document 56 Filed 12/15/17 Page 5 of 7 Case 1:15-vv-00896-UNJ Document 56 Filed 12/15/17 Page 6 of 7 Case 1:15-vv-00896-UNJ Document 56 Filed 12/15/17 Page 7 of 7