VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01031 Package ID: USCOURTS-cofc-1_15-vv-01031 Petitioner: Sarah Schultz Filed: 2016-09-26 Decided: 2016-12-05 Vaccine: influenza Vaccination date: 2012-09-25 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Sarah Schultz filed a petition for compensation under the National Vaccine Injury Compensation Program on September 16, 2015, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on September 25, 2012. She further alleged that she experienced residual effects of her condition for more than six months. The respondent denied that the influenza immunization caused her alleged GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on September 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. Sarah Schultz was awarded a lump sum of $100,000.00, representing compensation for all items of damages available under the Vaccine Act. This decision was based on the joint stipulation of the parties. Petitioner's counsel was Amber Diane Wilson of Maglio Christopher & Toale, PA. Respondent's counsel was Sarah Christina Duncan of the U.S. Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner Sarah Schultz alleged that an influenza vaccine administered on September 25, 2012, caused her to develop Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. Chief Special Master Nora Beth Dorsey adopted the joint stipulation, awarding petitioner a lump sum of $100,000.00 for all damages available under the Vaccine Act. The decision was issued on December 5, 2016. Petitioner was represented by Amber Diane Wilson, and respondent by Sarah Christina Duncan. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01031-0 Date issued/filed: 2016-12-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/26/2016) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01031-UNJ Document 46 Filed 12/05/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1031V Filed: September 26, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * SARAH SCHULTZ, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Guillain- * Barré Syndrome (“GBS”); Special SECRETARY OF HEALTH * Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On September 16, 2015, Sarah Schultz (“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 she suffered Guillain- Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine she received on September 25, 2012. Petition at 1-2; Stipulation, filed September 26, 2016, at ¶ 4. Petitioner further alleges that she experienced the residual effects of her condition for more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies that the influenza immunization is the cause of petitioner’s alleged GBS or any other injury or her current condition.” Stipulation at ¶ 6. Nevertheless, on September 26, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The 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-01031-UNJ Document 46 Filed 12/05/16 Page 2 of 7 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 $100,000.00, 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-01031-UNJ Document 46 Filed 12/05/16 Page 3 of 7 Case 1:15-vv-01031-UNJ Document 46 Filed 12/05/16 Page 4 of 7 Case 1:15-vv-01031-UNJ Document 46 Filed 12/05/16 Page 5 of 7 Case 1:15-vv-01031-UNJ Document 46 Filed 12/05/16 Page 6 of 7 Case 1:15-vv-01031-UNJ Document 46 Filed 12/05/16 Page 7 of 7