VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01067 Package ID: USCOURTS-cofc-1_15-vv-01067 Petitioner: Gary French, as Personal Representative of the Estate of Milton French Filed: 2016-06-08 Decided: 2016-06-09 Vaccine: influenza Vaccination date: 2014-10-02 Condition: Guillain-Barré Syndrome (“GBS”) Outcome: compensated Award amount USD: 315000 AI-assisted case summary: Gary French, as Personal Representative of the Estate of Milton French, filed a petition alleging that Milton French received an influenza vaccine on October 2, 2014. The petition alleged that Mr. French subsequently suffered from Guillain-Barré Syndrome (GBS) as a sequela of the vaccine, and that his death was also a result of this vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr. French's GBS or death. The parties, petitioner represented by Anne C. Toale and respondent represented by Jennifer L. Reynaud, reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded compensation in the amount of $315,000.00 for all damages. This award was made payable as a lump sum check to Gary French as Personal Representative of the Estate of Milton French. The decision was issued on June 9, 2016. Theory of causation field: Petitioner alleged that Milton French received an influenza vaccine on October 2, 2014, and subsequently suffered from Guillain-Barré Syndrome (GBS), which led to his death. Respondent denied the alleged vaccine causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation, awarding $315,000.00 for all damages. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the theory of causation. The attorneys involved were Anne C. Toale for the petitioner and Jennifer L. Reynaud for the respondent. Special Master Laura D. Millman issued the decision on June 9, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01067-0 Date issued/filed: 2016-06-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/09/2016) regarding 21 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01067-UNJ Document 25 Filed 06/30/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1067V Filed: June 9, 2016 Not for Publication ************************************* GARY FRENCH, as Personal * Representative of the Estate of MILTON * FRENCH, * * Damages decision based on Petitioner, * s tipulation; Guillain-Barré v. * Syndrome (“GBS”); death; * influenza (“flu”) vaccine SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Anne C. Toale, Sarasota, FL, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On June 8, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that Milton French suffered from Guillain-Barré Syndrome (“GBS”) caused by his receipt of influenza (“flu”) vaccine on October 2, 2014. He further alleges that Mr. French’s death was the sequela of his alleged vaccine- related injury. Respondent denies that the flu vaccine caused Mr. French to suffer GBS, any other injury, or his death. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision 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). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:15-vv-01067-UNJ Document 25 Filed 06/30/16 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $315,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check for $315,000.00 made payable to petitioner as Personal Representative of the Estate of Milton French. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: June 9, 2016 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:15-vv-01067-UNJ Document 25 Filed 06/30/16 Page 3 of 7 Case 1:15-vv-01067-UNJ Document 25 Filed 06/30/16 Page 4 of 7 Case 1:15-vv-01067-UNJ Document 25 Filed 06/30/16 Page 5 of 7 Case 1:15-vv-01067-UNJ Document 25 Filed 06/30/16 Page 6 of 7 Case 1:15-vv-01067-UNJ Document 25 Filed 06/30/16 Page 7 of 7