VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00957 Package ID: USCOURTS-cofc-1_15-vv-00957 Petitioner: Jeffrey C. Ginn Filed: 2015-09-01 Decided: 2016-05-18 Vaccine: influenza Vaccination date: 2013-09-24 Condition: Guillain-Barré Syndrome (“GBS”), with residual effects lasting more than six months Outcome: compensated Award amount USD: 115000 AI-assisted case summary: Petitioner Jeffrey C. Ginn filed a petition on September 1, 2015, alleging that the influenza vaccine he received on September 24, 2013, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's GBS. Despite the denial, the parties filed a joint stipulation agreeing to compensation. The Special Master found the stipulation to be reasonable and adopted it as the decision of the Court. Petitioner Jeffrey C. Ginn was awarded a lump sum payment of $115,000.00 as compensation for all damages. The decision was issued by Special Master Christian J. Moran on May 18, 2016. Petitioner was represented by Richard H. Moeller of Berenstein, Moore, et al., and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Jeffrey C. Ginn alleged that the influenza vaccine received on September 24, 2013, caused Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The case was listed on the Vaccine Injury Table. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The award was a lump sum of $115,000.00. The public decision does not detail the specific mechanism of causation, expert testimony, or the evidence considered beyond the stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00957-0 Date issued/filed: 2016-05-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 4/27/16) regarding 21 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00957-UNJ Document 26 Filed 05/18/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * JEFFREY C. GINN, * * No. 15-957 Petitioner, * Special Master Christian J. Moran * v. * * SECRETARY OF HEALTH * Filed: April 27, 2016 AND HUMAN SERVICES, * * Stipulation; Influenza vaccine; Respondent. * GBS * * * * * * * * * * * * * * * * * * * * * Richard H. Moeller, Berenstein, Moore, et al., Sioux City, IA, for Petitioner; Debra A. Filteau Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On April 26, 2016, the parties filed a joint stipulation concerning the petition for compensation filed by Jeffery C. Ginn on September 1, 2015. In his petition, petitioner alleged that the influenza (“flu”) vaccine that he received on September 24, 2013, contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to develop Guillain-Barré 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. Respondent denies that petitioner’s alleged GBS, or any other condition, was caused-in-fact by his flu vaccination. 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. Case 1:15-vv-00957-UNJ Document 26 Filed 05/18/16 Page 2 of 7 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 $115,000.00 in the form of a check payable to petitioner, Jeffery C. Ginn. 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 15-957V according to this decision and the attached stipulation.2 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 2 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-00957-UNJ Document 26 Filed 05/18/16 Page 3 of 7 Case 1:15-vv-00957-UNJ Document 26 Filed 05/18/16 Page 4 of 7 Case 1:15-vv-00957-UNJ Document 26 Filed 05/18/16 Page 5 of 7 Case 1:15-vv-00957-UNJ Document 26 Filed 05/18/16 Page 6 of 7 Case 1:15-vv-00957-UNJ Document 26 Filed 05/18/16 Page 7 of 7