VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01226 Package ID: USCOURTS-cofc-1_15-vv-01226 Petitioner: Connie M. Johns Filed: 2017-09-06 Decided: 2017-11-14 Vaccine: influenza Vaccination date: 2012-12-10 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 160000 AI-assisted case summary: On September 6, 2017, Gerald L. Johns, as Administrator of the Estate of Connie M. Johns, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Connie M. Johns had previously filed a petition on October 21, 2015. Petitioner alleged that she received an influenza vaccine on December 10, 2012, and subsequently developed Guillain-Barré syndrome (GBS) as a result. Petitioner further alleged that she experienced residual effects from this condition until her death on June 12, 2016. Gerald L. Johns, her brother, appeared as the administrator of her estate and as the petitioner. The respondent denied that the flu vaccine caused Ms. Johns's GBS or any other injury. However, both parties agreed to settle the case through a stipulation, acknowledging their respective positions while agreeing to a resolution. Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the court's decision. The stipulation awarded a lump sum of $160,000.00, payable to the petitioner, to compensate for all damages. The decision was issued on November 14, 2017. Petitioner's counsel was Rudolph L. Massa of Massa Law Group, PC, and respondent's counsel was Camille M. Collett of the U.S. Department of Justice. Theory of causation field: Petitioner alleged that an influenza vaccine administered on December 10, 2012, caused Guillain-Barré syndrome (GBS) and its residual effects, leading to the petitioner's death on June 12, 2016. The respondent denied causation. The parties reached a settlement via stipulation, agreeing to an award of $160,000.00 for all damages. The public decision does not detail the specific medical mechanism, expert testimony, or the basis for the stipulation's agreement on causation. Special Master Brian H. Corcoran approved the stipulation on November 14, 2017. Petitioner was represented by Rudolph L. Massa, and Respondent by Camille M. Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01226-0 Date issued/filed: 2017-11-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 9/06/2017) Regarding 29 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01226-UNJ Document 32 Filed 11/14/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1226V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * GERALD L. JOHNS * as Administrator of the Estate of * CONNIE M. JOHNS, * * Special Master Corcoran * Petitioner, * Filed: September 6, 2017 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“flu”) Vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Rudolph L. Massa, Massa Law Group, PC, Pittsburgh, PA, for Petitioner. Camille M. Collett, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 21, 2015, Connie M. Johns filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered from Guillain-Barré syndrome (“GBS”), as a result of her December 10, 2012, influenza (“flu”) vaccine. Petitioner further alleges that she experienced the residual effects of this condition 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa- 12(d)(4)(B), however, the parties may object to the 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 in its present form will be available. 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-01226-UNJ Document 32 Filed 11/14/17 Page 2 of 7 from the date of the vaccination. Petitioner subsequently died on June 12, 2016, and Petitioner’s brother, Mr. Gerald L. Johns, appears as Petitioner on the former Petitioner’s behalf. Respondent denies that the flu vaccine caused Petitioner’s GBS or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on September 6, 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 $160,000.00 in the form of a check payable to Petitioner. 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-01226-UNJ Document 32 Filed 11/14/17 Page 3 of 7 Case 1:15-vv-01226-UNJ Document 32 Filed 11/14/17 Page 4 of 7 Case 1:15-vv-01226-UNJ Document 32 Filed 11/14/17 Page 5 of 7 Case 1:15-vv-01226-UNJ Document 32 Filed 11/14/17 Page 6 of 7 Case 1:15-vv-01226-UNJ Document 32 Filed 11/14/17 Page 7 of 7