VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01054
Package ID: USCOURTS-cofc-1_15-vv-01054
Petitioner: Gerald Klein
Filed: 2015-09-21
Decided: 2016-10-03
Vaccine: influenza
Vaccination date: 2013-09-23
Condition: Guillain-Barre Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 347355

AI-assisted case summary:
Gerald Klein filed a petition for compensation under the National Vaccine Injury Compensation Program on September 21, 2015. He alleged that he suffered Guillain-Barre Syndrome (GBS) caused by his influenza vaccination on September 23, 2013. Mr. Klein further alleged that he experienced residual effects from the GBS for more than six months and that he had not received a prior award or settlement for his condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Klein's GBS or any other injury. Despite the respondent's denial, on July 12, 2016, the parties filed a joint stipulation for damages. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the court's decision. The stipulation awarded Gerald Klein a lump sum of $347,355.10 as compensation for all items of damages available under the Vaccine Act. The decision was issued on October 3, 2016. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. William Cochran represented the petitioner, and Claudia Barnes Gangi represented the respondent.

Theory of causation field:
Petitioner Gerald Klein alleged that his September 23, 2013 influenza vaccination caused Guillain-Barre Syndrome (GBS). The respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $347,355.10. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was handled by attorneys William Cochran for the petitioner and Claudia Barnes Gangi for the respondent. The decision date was October 3, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01054-0
Date issued/filed: 2016-10-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/12/2016) 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-01054-UNJ Document 33 Filed 10/03/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1054V
Filed: July 12, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GERALD KLEIN, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William Cochran, Black, McLaren, Jones, Ryland & Griffee, Memphis, TN, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On September 21, 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”). Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”)
caused by his September 23, 2013 influenza vaccination. Petition at 1; Stipulation, filed
July 12, 2016, at ¶ 4. Petitioner further alleges that he experienced the residual effects
of his injury for more than six months and that there has been no prior award or
settlement of a civil action for damages on his behalf as a result of his condition.
Petition at 6; Stipulation at ¶¶ 4-5. “Respondent denies that the flu vaccine caused
petitioner’s alleged GBS, any other injury, or his current condition. ” Stipulation at ¶ 6.
Nevertheless, on July 12, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-01054-UNJ Document 33 Filed 10/03/16 Page 2 of 7
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 $347,355.10 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

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