VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00979 Package ID: USCOURTS-cofc-1_15-vv-00979 Petitioner: Felicia Wilson Filed: 2015-09-04 Decided: 2016-09-26 Vaccine: influenza Vaccination date: 2012-09-25 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 150000 AI-assisted case summary: Felicia Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program on September 4, 2015, alleging that she suffered injuries, including Guillain-Barré Syndrome (GBS), which developed after receiving an influenza vaccine on September 25, 2012. She further alleged that her injury had effects lasting more than six months and that she had not filed a civil suit or received other compensation for her vaccine-caused injury. The respondent denied that the flu vaccine caused her alleged GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on May 26, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Felicia Wilson was awarded a lump sum of $150,000.00 as compensation for all items of damages available under the Vaccine Act. The decision was issued on September 26, 2016. Jeffrey S. Pop represented the petitioner, and Ryan Pyles represented the respondent. Theory of causation field: Petitioner Felicia Wilson alleged that she suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 25, 2012. Respondent denied that the flu vaccine caused her alleged GBS or any other injury. The parties filed a joint stipulation for damages, agreeing to an award. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused the GBS. Chief Special Master Nora Beth Dorsey approved the stipulation, awarding a lump sum of $150,000.00 for all items of damages. The decision was issued on September 26, 2016. Attorneys involved were Jeffrey S. Pop for the petitioner and Ryan Pyles for the respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00979-1 Date issued/filed: 2016-09-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/27/2016) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00979-UNJ Document 32 Filed 09/26/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-979V Filed: May 27, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * FELICIA WILSON, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On September 4, 2015, 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”). On September 15, 2015, petitioner filed an amended petition, altering the introductory paragraph of her original petition and re-alleging all other matters. Petitioner alleges that she suffered “injuries, including but not limited to, GBS which developed after administration of the flu vaccination on September 25, 2012.” Amended Petition, filed Sept. 15, 2015, at 1 (ECF No. 8). Petitioner further alleges that she has suffered the effects of her injury for more than six months, and that she has not filed a civil suit or received compensation for her injury alleged as vaccine caused. Original Petition, filed Sept. 4, 2015, at ¶ 20-22 (ECF No. 1); see also Amended Petition at 1. “Respondent denies that the flu immunization is the cause of petitioner’s alleged GBS and/or any other injury.” Stipulation, filed May 26, 2016, at ¶ 6 (ECF No. 21). 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-00979-UNJ Document 32 Filed 09/26/16 Page 2 of 7 Nevertheless, on May 26, 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 stipulate that petitioner shall receive the following compensation: A lump sum of $150,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of 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-00979-UNJ Document 32 Filed 09/26/16 Page 3 of 7 Case 1:15-vv-00979-UNJ Document 32 Filed 09/26/16 Page 4 of 7 Case 1:15-vv-00979-UNJ Document 32 Filed 09/26/16 Page 5 of 7 Case 1:15-vv-00979-UNJ Document 32 Filed 09/26/16 Page 6 of 7 Case 1:15-vv-00979-UNJ Document 32 Filed 09/26/16 Page 7 of 7