VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00921
Package ID: USCOURTS-cofc-1_15-vv-00921
Petitioner: Vanessa Gonzalez
Filed: 2015-08-24
Decided: 2016-05-19
Vaccine: influenza
Vaccination date: 2013-09-16
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 112000

AI-assisted case summary:
On August 24, 2015, Vanessa Gonzalez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on September 16, 2013, caused her to develop Guillain-Barré Syndrome (GBS). Ms. Gonzalez stated that the vaccination occurred in the United States, that she experienced symptoms of her injury for more than six months, and that she had not received prior compensation for this injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated Ms. Gonzalez's alleged injuries or any other injury, and denied that her current disabilities were the result of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on April 4, 2016, agreeing to settle the case. The stipulation stated that Vanessa Gonzalez would receive a lump sum of $112,000.00 as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The decision was issued on May 19, 2016. Petitioner's counsel was Danielle A. Strait of Maglio Christopher and Toale, PA. Respondent's counsel was Darryl R. Wishard of the U.S. Department of Justice.

Theory of causation field:
Vanessa Gonzalez received an influenza vaccine on September 16, 2013, in the United States. She alleged that this vaccine caused her to develop Guillain-Barré Syndrome (GBS), experiencing symptoms for more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to settle the case, with Ms. Gonzalez to receive a lump sum of $112,000.00 for all damages. The case was processed as a Table claim for GBS. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the onset or progression of Ms. Gonzalez's GBS. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court on May 19, 2016. Petitioner's counsel was Danielle A. Strait; respondent's counsel was Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00921-0
Date issued/filed: 2016-05-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/06/2016) regarding 24 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00921-UNJ Document 28 Filed 05/19/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0921V
Filed: April 6, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VANESSA GONZALEZ, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“flu”) Vaccine;
v.
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio Christopher and Toale, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 24, 2015, Vanessa Gonzalez (“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 an influenza vaccine
she received on September 16, 2013, caused her to develop Guillain-Barré Syndrome
(“GBS”). Petition at 1-2; see also Stipulation, filed Apr. 4, 2016, at ¶¶ 2, 4. Petitioner
further alleges that she received the vaccination in the United States, that she has
suffered the effects of her injury for more than six months, and that she has not received
compensation for her vaccine related injury. Pet. at 1-2; see also Stip. at ¶¶ 3-5.
Respondent denies that the flu vaccine either caused or significantly aggravated
petitioner’s alleged injuries or any other injury, and denies that petitioner’s current
disabilities are the result 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-00921-UNJ Document 28 Filed 05/19/16 Page 2 of 7
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.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $112,000.00 in the form of a check payable to petitioner,
Vanessa Gonzalez. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Stip. at ¶ 8.
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-00921-UNJ Document 28 Filed 05/19/16 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
V /\. ESSA GO ZALEZ. )
)
Petitioner. ) No. 15-921V IT F
)
v. ) Chief Special Master Dorsey
)
ECRETARY OF HEALTI I )
A D HUMAN SERVICES. )
)
______R_es_pon_de_nt. _____ )
)
ST I PU LA TION
The parties hereb) tipulate to the folio" ing mailers:
I. Petitioner. Vanessa GonzaleL. liled a petition for vaccine compensation under the
ational Vaccine Injury Compensation Program. 42 U.S.C. ~~ 300aa-I0 to 34 (the ··vaccine
Program .. ). The petition seeks compensation for injuries allegedly related to pelitioncr"s receipt
of' the innuenza c·nu .. ) vaccine. which is contained in the Vaccine Injury Table (the .. Table··). 42
C.F.R. ~ I00.3(a).
2. On September 16. 2013. petitioner received the flu vaccine.
3. The flu vaccine ''as administered within the nited State .
4. Petitioner alleges that. as a result of receiving the nu vaccine. she suffered from
Guillain-Barre syndrome (. . GBS. . ). and that she experienced symptoms of' this injury for more
than six months.
5. Petitioner represents that there has been no prior award or settlement ora civil action
for damages as a result of her alleged injuries.

Case 1:15-vv-00921-UNJ Document 28 Filed 05/19/16 Page 4 of 7
6. Re pendent denies that the llu vaccine either caused or ignificantly aggravated
petitioner's alleged injuries or any other injury. and denies that petitioner·s current disabilities
are the result of a vaccine-related injury.
7. Maintaining their above-stated positions. the parties nevertheless no" agree that the
issues between them shall be settled and that a decision hould be entered a\\arding the
compensation described in paragraph 8 of"this Stipulation.
8. As soon as practicable after an entry ofjudgment reflecting a decision consistent
"ith the terms of this Stipulation. and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. ~ 300aa-2 I (a)( I). the Secretary or Health and 1l uman
ervices wi 11 i sue the fol lowing vaccine compensation pa) ment:
/\ lump sum 01"$112.000.00. in the form of'a check payable to petitioner.
This amount represents compensation for all damages that \\Ou Id be available under 42 U.S.C. ~
300aa-I 5(a).
9. As oon as practicable afler the entry ofjudgmcnt on entitlement in this case. and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. Section 300aa-2 I (a)( I). and an application. the parties will submit to further
proceedings before the special master to a\\ ard reasonable attorneys· fees and cost· incurred in
proceeding upon this petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for ''hich the Program is not primarily liable
under 42 U.S.C. ~ 300aa-I 5(g). to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs. insurance policies. Federal or
Late health benefits programs (other than Title XIX of"the Social Security Act (42 U.S.C.
2

Case 1:15-vv-00921-UNJ Document 28 Filed 05/19/16 Page 5 of 7
§ 1396 et seq.)). or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of' this Stipulation. and any amounts
a\\arded pursuant to paragraph 9 of' this tipulation. "ill be made in accordance\\ ith 42 U.S.C.
§ 300aa-l 5(i). subject to the availability of"sunicient statutory funds.
12. The parties and their attorneys runher agree and stipulate that. except lor any award
for attorneys· fees and litigation costs. the money provided pursuant to this Stipulation\\ ill be
used solely for the benefit or petitioner. as contemplated by a strict construction or 42 U.S.C.
§ 300aa-l 5(a) and (d). and subject to the conditions of"42 U.S.C. §§ 300aa-l S(g) and (h).
13. In return for the payments described in paragraphs 8 and 9. petitioner. in her
individual capacity and on behalfof her heirs. executor . administrators. succes ors or assign .
does forever irrevocably and unconditionally release. acquit and discharge the United States and
the Secretary of Health and I luman Services from any and all actions. causes or action (including
agreements. judgments. claims. damages. loss or services. expenses and all demands or whatever
kind or nature) that have been brought. could have been brought. or could be timely brought in
the Court of Federal Claims. under the ational Vaccine Injury Compensation Program. 42
U.S.C. § 300aa-I 0 et seq .. on account of: or in any way growing out of: any and all known or
unknown. suspected or un u pccted personal injuries to or death of petitioner resulting from. or
alleged to have resulted from. the flu vaccine administered on September 16. 2013. as alleged by
petitioner in a petition lor vaccine compensation filed on or about August 24. 2015. in the United
States Court of Federal Claims a petition o. 15-921V .
14. If petitioner should die prior to entry ofjudgment. this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. li the special master fails to issue a decision in co111pletc confor111ity with the 1cr111s
3

Case 1:15-vv-00921-UNJ Document 28 Filed 05/19/16 Page 6 of 7
of this Stipulation or if the Court of Federal Claims fails to enterjudgrnent in conforrnit) with a
decision that is in cornpletc conformity with the terrns of this Stipulation. then the parties·
ettlement and this Stipulation shall be voidable at the sole discretion of either part).
16. Th is Stipulation expresses a fu 11 and cornplctc negotiated ettlernent of I iabi I ity and
damages claimed under the ational Childhood Vaccine Injury Act of 1986. as amended. except
a otherwise noted in paragraph 9 above. There is ab olutely no agrecrnent on the part of the
parties hereto to rnake any payrnent or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in thi
stipulation may renect a comprornise of the parties· respective positions as to liability and/or
amount of damages. and further. that a change in the nature of the injury or condition or in the
items of compensation sought. is not grounds lo modify or revise this agreement.
17. This Stipulation shall not be construed a an adrnission by the United tales or the
ecretary ofl lea Ith and I Iurnan Services that the nu vaccine received by petitioner either caused or
signilicantly aggravated petitioner's alleged injuries or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equal I) to petitioner·s
heirs. executors. administrators. succes ors. and/or assigns.
END OF STIPULATION
4

Case 1:15-vv-00921-UNJ Document 28 Filed 05/19/16 Page 7 of 7
Respectfully submitted,
ATTOHNE • UECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GEN.F:RAL:
D~~Td;>
Maglio, Christopher & Toale Deputy Directo
1775 Pennsylvania Avenue, NW, Suite /./.5 Torts Branch
Washington, DC 20006 Civil Division
888-952-5242 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0 I4 6
/ '"'\
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
J~r{fJR(t~CES;,
AND
! .) .. (' -/{/ . L-;::· ·- .
~
.. {/ \ / L ...b··~
ARRYLR:w1sHA
NARAYA. NA· ,M.D RD
Acting Director, Division of Injury Senior Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Hurnun Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08Nl46B Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4357
5