VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01114
Package ID: USCOURTS-cofc-1_15-vv-01114
Petitioner: Glenda Neher
Filed: 2015-10-02
Decided: 2016-09-21
Vaccine: influenza
Vaccination date: 2013-01-11
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 63573

AI-assisted case summary:
Glenda Neher petitioned the United States Court of Federal Claims on October 2, 2015, seeking compensation under the National Childhood Vaccine Injury Act. Ms. Neher alleged that she developed Guillain-Barré Syndrome (GBS) as a result of receiving an Influenza ("Flu") vaccine on January 11, 2013. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Neher's GBS or any other injury. Despite the respondent's denial, the parties reached a joint stipulation for damages. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. Ms. Neher was awarded a lump sum payment of $63,573.31, payable to her. This amount was stipulated to represent compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a). The parties agreed to waive their right to seek review, thereby expediting the entry of judgment. Petitioner was represented by John R. Howie, Jr. of Howie Law, P.C., and respondent was represented by Robert P. Coleman III of the United States Department of Justice. The decision was issued on September 21, 2016.

Theory of causation field:
Petitioner Glenda Neher alleged that the Influenza ("Flu") vaccine administered on January 11, 2013, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation for damages, which was adopted by Special Master Lisa Hamilton-Fieldman. The public decision does not describe the specific medical or scientific theory of causation, nor does it name any experts. The award was a lump sum of $63,573.31, representing compensation for all remaining damages. The decision date was September 21, 2016. Petitioner's counsel was John R. Howie, Jr., and respondent's counsel was Robert P. Coleman III.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01114-0
Date issued/filed: 2016-09-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/22/2016) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (ca1) Copy to parties.
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Case 1:15-vv-01114-UNJ Document 34 Filed 09/21/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1114V
Filed: August 22, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
GLENDA NEHER, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Guillain-
* Barré Syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner.
Robert P. Coleman III, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 2, 2015, Glenda Neher (“Petitioner”) petitioned for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner
alleged that the administration of the Influenza (“Flu”) vaccine, on January 11, 2013, caused her
to develop Guillain-Barré Syndrome (“GBS”).
The parties recently filed a stipulation, stating that a decision should be entered awarding
compensation. Respondent denies that the Flu vaccine is the cause of Petitioner’s alleged GBS
or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the purposes espoused in the E-Government Act of 2002. See 44
U.S.C. § 3501 (2012). Each party has 14 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).
1

Case 1:15-vv-01114-UNJ Document 34 Filed 09/21/16 Page 2 of 2
Appendix A. 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 a “lump sum payment of $63,573.31 in
the form of a check payable to [P]etitioner.” Appendix A at 2. They also specify that this
“amount represents compensation for all remaining damages that would be available under 42
U.S.C. § 300aa-15(a).” Id.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.2
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2 Entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek
review. Vaccine Rule 11(a).
2