VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01235
Package ID: USCOURTS-cofc-1_15-vv-01235
Petitioner: Barbara Stanley
Filed: 2015-10-22
Decided: 2016-10-06
Vaccine: influenza
Vaccination date: 2012-10-18
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 85087

AI-assisted case summary:
Barbara Stanley filed a petition for compensation under the National Vaccine Injury Compensation Program on October 22, 2015, alleging she suffered Guillain-Barre Syndrome (GBS) following an influenza vaccination on October 18, 2012. She claimed residual effects from her condition for more than six months and stated there had been no prior award or settlement for damages. The respondent denied that the flu vaccine caused her alleged GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on August 1, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Barbara Stanley was awarded a lump sum of $85,087.00 as compensation for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. The attorneys involved were Diana Stadelnikas Sedar for the petitioner and Julia Wernett McInerny for the respondent.

Theory of causation field:
Petitioner Barbara Stanley alleged Guillain-Barre Syndrome (GBS) following an October 18, 2012, influenza vaccination. The respondent denied causation. The parties filed a joint stipulation on August 1, 2016, agreeing to an award of compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The Special Master adopted the stipulation, awarding petitioner $85,087.00 for all damages under the Vaccine Act. The decision was issued by Chief Special Master Nora Beth Dorsey on October 6, 2016. Petitioner was represented by Diana Stadelnikas Sedar, and respondent was represented by Julia Wernett McInerny.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01235-0
Date issued/filed: 2016-10-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/02/2016) 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-01235-UNJ Document 28 Filed 10/06/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1235V
Filed: August 2, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BARBARA STANLEY, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza;
* Guillian-Barre Syndrome (GBS);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 22, 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 she suffered Guillain-Barre Syndrome (“GBS”)
following receipt of her October 18, 2012 influenza vaccination. Petition at 1;
Stipulation, filed August 1, 2016, at ¶ 4. Petitioner further alleges that she experienced
residual effects of her condition for more than six months and that there has been no
prior award or settlement of a civil action for damages as a result of her condition.
Petition at 2; Stipulation at ¶¶ 4-5. “Respondent denies that the flu vaccine caused
petitioner’s alleged GBS or any other injury. ” Stipulation at ¶ 6.
Nevertheless, on August 1, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-01235-UNJ Document 28 Filed 10/06/16 Page 2 of 7
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 $85,087.00 in the form of a check payable to petitioner.
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.
2

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