VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01074 Package ID: USCOURTS-cofc-1_15-vv-01074 Petitioner: Melanie Mobley Filed: 2015-09-25 Decided: 2017-06-07 Vaccine: influenza Vaccination date: 2012-10-02 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 1308816 AI-assisted case summary: Melanie Mobley filed a petition on September 25, 2015, alleging that she developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on October 2, 2012. She further alleged that she experienced residual effects from this injury for more than six months. Respondent denied that the flu vaccination caused her alleged GBS or any other injury. However, both parties agreed to settle the case through a stipulation, which was filed on April 26, 2017. The court reviewed the stipulation and found it to be reasonable, adopting it as its decision. The stipulation awarded Melanie Mobley a lump sum of $1,294,629.62, which included compensation for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, an amount was awarded to purchase an annuity contract, covering all damages available under the Act. The decision was issued by Special Master Brian H. Corcoran on June 7, 2017. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01074-0 Date issued/filed: 2017-06-07 Pages: 11 Docket text: PUBLIC DECISION (Originally filed: 04/26/2017) regarding 42 DECISION Stipulation: Signed by Special Master Brian H. Corcoran. (sb) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01074-UNJ Document 51 Filed 06/07/17 Page 1 of 11 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1074V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * MELANIE MOBLEY, * Special Master Corcoran * * Petitioner, * Filed: April 26, 2017 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; Guillain-Barre AND HUMAN SERVICES, * Syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Lisa Ann Watts, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 25, 2015, Melanie Mobley filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffers from Guillain-Barre Syndrome (“GBS”), as a result of her October 2, 2012, receipt of the influenza (“flu”) vaccine. Moreover, Petitioner alleges that she experienced residual effects of this injury for more than six months. 1 This Decision has been designated "not to be published," which means I am not directing it to be posted on the Court of Federal Claims's website. However, it will nevertheless be made public in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available in its present form. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Case 1:15-vv-01074-UNJ Document 51 Filed 06/07/17 Page 2 of 11 Respondent denies that Petitioner’s flu vaccination caused her alleged GBS, or any other injury or condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on April 26, 2017) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $1,294,629.62, which amount represents compensation for o First-year life care expenses of $38,957.74; o Lost earnings of $1,091,484.90; o Pain and suffering of $150,000.00; and o Past un-reimbursable expenses of $14,186.98, in the form of a check payable to Petitioner; and  An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:15-vv-01074-UNJ Document 51 Filed 06/07/17 Page 3 of 11 Case 1:15-vv-01074-UNJ Document 51 Filed 06/07/17 Page 4 of 11 Case 1:15-vv-01074-UNJ Document 51 Filed 06/07/17 Page 5 of 11 Case 1:15-vv-01074-UNJ Document 51 Filed 06/07/17 Page 6 of 11 Case 1:15-vv-01074-UNJ Document 51 Filed 06/07/17 Page 7 of 11 Case 1:15-vv-01074-UNJ Document 51 Filed 06/07/17 Page 8 of 11 Case 1:15-vv-01074-UNJ Document 51 Filed 06/07/17 Page 9 of 11 Case 1:15-vv-01074-UNJ Document 51 Filed 06/07/17 Page 10 of 11 Case 1:15-vv-01074-UNJ Document 51 Filed 06/07/17 Page 11 of 11