VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01218 Package ID: USCOURTS-cofc-1_15-vv-01218 Petitioner: John Rajotte Filed: 2015-10-19 Decided: 2016-07-12 Vaccine: Influenza Vaccination date: 2012-10-22 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 253000 AI-assisted case summary: On October 19, 2015, John Rajotte filed a petition under the National Vaccine Injury Compensation Program. He alleged that an Influenza ("Flu") vaccine administered on October 22, 2012, caused him to develop Guillain-Barré Syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the Flu vaccine caused Mr. Rajotte's GBS or any other injury. However, on June 20, 2016, both parties filed a joint stipulation agreeing that compensation should be awarded. The stipulation stated that Mr. Rajotte would receive a lump sum payment of $253,000.00 for all damages. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Judgment was to be entered in accordance with the terms of the stipulation, provided no motion for review was filed. Petitioner was represented by Leah V. Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Justine E. Walters of the United States Department of Justice. The decision was issued on July 12, 2016. Theory of causation field: Petitioner John Rajotte alleged that an Influenza vaccine administered on October 22, 2012, caused him to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties filed a joint stipulation on June 20, 2016, agreeing to an award of compensation. Petitioner received a lump sum payment of $253,000.00 for all damages. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court on July 12, 2016. The public decision does not describe the specific medical or scientific theory of causation, nor does it name any experts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01218-1 Date issued/filed: 2016-07-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/21/2016) regarding 23 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. Signed by Special Master Lisa Hamilton-Fieldman. (Attachments: # (1) Appendix A)(pn) Copy to parties. (Main Document 28 replaced on 7/25/2016) (tjk). -------------------------------------------------------------------------------- Case 1:15-vv-01218-UNJ Document 28 Filed 07/12/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1218V Filed: June 21, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED JOHN RAJOTTE, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome SECRETARY OF HEALTH * (“GBS”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, D.C., for Petitioner. Justine E. Walters, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On October 19, 2015, John Rajotte (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 Petitioner alleged that the administration of the Influenza (“Flu”) vaccine, on October 22, 2012, caused him to develop Guillain-Barré Syndrome (“GBS”). 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). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2012). 1 Case 1:15-vv-01218-UNJ Document 28 Filed 07/12/16 Page 2 of 7 On June 20, 2016, the parties filed a stipulation3 in which they state 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 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 $253,000.00 in the form of a check payable to [P]etitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).” Appendix A at 2, ECF No. 23-1. 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.4 IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master 3 The Stipulation states that the Special Master assigned to this case is Chief Special Master Dorsey. The undersigned assumes that this is a clerical error. 4 Entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. Vaccine Rule 11(a). 2 CCaassee 11::1155--vvvv--0011221188--UUNNJJ DDooccuummeenntt 2228 FFiilleedd 0067//2102//1166 PPaaggee 13 ooff 57 CCaassee 11::1155--vvvv--0011221188--UUNNJJ DDooccuummeenntt 2228 FFiilleedd 0067//2102//1166 PPaaggee 24 ooff 57 CCaassee 11::1155--vvvv--0011221188--UUNNJJ DDooccuummeenntt 2228 FFiilleedd 0067//2102//1166 PPaaggee 35 ooff 57 CCaassee 11::1155--vvvv--0011221188--UUNNJJ DDooccuummeenntt 2228 FFiilleedd 0067//2102//1166 PPaaggee 46 ooff 57 CCaassee 11::1155--vvvv--0011221188--UUNNJJ DDooccuummeenntt 2228 FFiilleedd 0067//2102//1166 PPaaggee 57 ooff 57