VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01144
Package ID: USCOURTS-cofc-1_15-vv-01144
Petitioner: M.M.
Filed: 2015-10-07
Decided: 2016-08-05
Vaccine: influenza
Vaccination date: 2014-09-24
Condition: Guillain Barre Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
On October 7, 2015, M.M., a minor, by and through her parent and natural guardian Lacy Miron, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that M.M. suffered Guillain Barre Syndrome (GBS) caused by her September 24, 2014 influenza vaccination. The petition further stated that M.M. experienced residual effects of her injury lasting at least six months and that there had been no prior award or settlement of a civil action for damages as a result of the alleged GBS. The respondent denied that M.M.'s alleged injuries were caused-in-fact by the vaccination. Nevertheless, on June 23, 2016, the parties filed a joint stipulation for damages. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. M.M. was awarded $125,000.00 as compensation for all items of damages, payable by check to petitioner as guardian/conservator of the estate of M.M. for the benefit of M.M. The public decision does not describe the specific onset of symptoms, clinical details of the GBS, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the GBS. Petitioner's counsel was Maximillian Muller of Muller Brazil, LLP, and respondent's counsel was Alexis Babcock of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged that M.M. suffered Guillain Barre Syndrome (GBS) caused by her September 24, 2014 influenza vaccination, with residual effects lasting at least six months. Respondent denied causation. The parties filed a joint stipulation for damages, and the case was resolved by decision on June 23, 2016, by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $125,000.00 for all items of damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, as the case was settled via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01144-0
Date issued/filed: 2016-08-05
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 06/23/2016) regarding 21 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01144-UNJ Document 23 Filed 08/05/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1144V
Filed: June 23, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
M.M., a minor, by and through her, *
Parent and Natural Guardian, *
LACY MIRON, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza;
* Guillain Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 7, 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 M.M. suffered Guillain Barre Syndrome (“GBS”)
caused by her September 24, 2014 influenza vaccination. Petition at 1; Stipulation, filed
June 23, 2016, at ¶ 4. Petitioner further alleges that M.M experienced residual effects
of her injury lasting at least six months and there has been no prior award or settlement
of a civil action for damages as a result of M.M.’s alleged GBS. Petition at 3-4;
Stipulation at ¶¶ 4-5. “Respondent denies that M.M.’s alleged injuries were caused-in-
fact by her flu or any other vaccination, and denies that vaccines caused any other
injury or her current condition. ” Stipulation at ¶ 6.
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-01144-UNJ Document 23 Filed 08/05/16 Page 2 of 8
Nevertheless, on June 23, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. 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 the following compensation:
A lump sum of $125,000.00 in the form of a check payable to petitioner as
guardian/conservator of the estate of M.M. for the benefit of M.M.
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.

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