VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00934 Package ID: USCOURTS-cofc-1_15-vv-00934 Petitioner: Tyrone Coyle Filed: 2016-08-15 Decided: 2016-09-15 Vaccine: influenza Vaccination date: 2013-12-10 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 104000 AI-assisted case summary: On August 15, 2016, Tyrone Coyle filed a petition under the National Vaccine Injury Compensation Program alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccination on or about December 10, 2013. Mr. Coyle further alleged that he experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's GBS or any other injury. Nevertheless, on August 15, 2016, the parties filed a joint stipulation on damages. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court. Mr. Coyle was awarded a lump sum of $104,000.00, payable to him, as compensation for all damages available under the program. Petitioner's counsel was Anne C. Toale, and respondent's counsel was Ryan D. Pyles. The decision was issued on September 15, 2016. Theory of causation field: Petitioner Tyrone Coyle alleged that an influenza vaccination administered on or about December 10, 2013, caused Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation on damages, agreeing to an award. The Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The award was a lump sum of $104,000.00. Special Master Thomas L. Gowen issued the decision on September 15, 2016. Petitioner's counsel was Anne C. Toale, and respondent's counsel was Ryan D. Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00934-0 Date issued/filed: 2016-09-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/15/2016) regarding 27 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00934-UNJ Document 31 Filed 09/15/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-934V Filed: August 15, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED TYRONE COYLE, * * Special Master Gowen Petitioner, * * Joint Stipulation on Damages; v. * Influenza Vaccine; * Guillain-Barré Syndrome. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * Anne C. Toale, Maglio Christopher & Toale, Sarasota, FL, for petitioner. Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 26, 2015, Tyrone Coyle (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of receiving an influenza (“flu”) vaccination on or about December 10, 2013, he suffered Guillain-Barré Syndrome (“GBS”). Stipulation ¶ 2, 4, filed Aug. 15, 2016. Further, petitioner alleged that he experienced residual effects of this injury for more than six months. Id. at ¶ 4. 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:15-vv-00934-UNJ Document 31 Filed 09/15/16 Page 2 of 7 On August 15, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s GBS or any other injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. 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 $104,000.00, in the form of a check payable to petitioner, Tyrone Coyle. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:15-vv-00934-UNJ Document 31 Filed 09/15/16 Page 3 of 7 Case 1:15-vv-00934-UNJ Document 31 Filed 09/15/16 Page 4 of 7 Case 1:15-vv-00934-UNJ Document 31 Filed 09/15/16 Page 5 of 7 Case 1:15-vv-00934-UNJ Document 31 Filed 09/15/16 Page 6 of 7 Case 1:15-vv-00934-UNJ Document 31 Filed 09/15/16 Page 7 of 7