VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01238 Package ID: USCOURTS-cofc-1_15-vv-01238 Petitioner: Paul R. Rodgers Filed: 2017-01-03 Decided: 2017-04-27 Vaccine: influenza Vaccination date: 2014-10-09 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 237255 AI-assisted case summary: Paul R. Rodgers filed a petition for compensation under the National Vaccine Injury Compensation Program on January 3, 2017, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on October 9, 2014. He further alleged that he suffered residual effects from his injury for more than six months. The respondent denied that the flu vaccine caused his GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on January 3, 2017, 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. The award included a lump sum of $237,255.14, comprising $37,255.14 for first-year life care expenses and $200,000.00 for pain and suffering, payable to Mr. Rodgers. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was to be paid to the life insurance company. This compensation covers all items of damages available under the Vaccine Act. The decision was entered on April 27, 2017. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by William E. Cochran, Jr. of Black McLaren, et al., PC, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice. Theory of causation field: Paul R. Rodgers filed a petition alleging Guillain-Barré Syndrome (GBS) following an influenza vaccine on October 9, 2014. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The stipulation was adopted by Chief Special Master Nora Beth Dorsey on April 27, 2017. The award included a lump sum of $237,255.14 ($37,255.14 for first-year life care expenses and $200,000.00 for pain and suffering) and an amount for an annuity. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. Petitioner's counsel was William E. Cochran, Jr., and respondent's counsel was Amy Paula Kokot. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01238-0 Date issued/filed: 2017-04-27 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 01/03/2017) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01238-UNJ Document 38 Filed 04/27/17 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1238V Filed: January 3, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAUL R. RODGERS, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Guillain- * Barré Syndrome (“GBS”); Special SECRETARY OF HEALTH * Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * William E. Cochran, Jr., Black McLaren, et al., PC, Memphis, TN, for petitioner. Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 23, 2015, Paul R. Rodgers (“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 he suffered Guillain- Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on October 9, 2014. Petition at 1; Stipulation, filed January 3, 2017, at ¶ 2, 4. Petitioner further alleges that he suffered the residual effects of his injury for more than six months. Petition at 4-5; Stipulation at ¶ 4. “Respondent denies that the flu vaccine administered on or about October 9, 2014, is the cause of petitioner’s alleged GBS and/or any other injury or his current condition.” Stipulation at ¶ 6. Nevertheless, on January 3, 2017, 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-01238-UNJ Document 38 Filed 04/27/17 Page 2 of 9 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. A lump sum of $237,255.14, which amount represents compensation for first year life care expenses ($37,255.14) and pain and suffering ($200,000.00) in the form of a check payable to petitioner; and b. An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached joint stipulation, paid to the life insurance company from which the annuity will be purchased. Stipulation at ¶ 8. These amounts represent 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 Case 1:15-vv-01238-UNJ Document 38 Filed 04/27/17 Page 3 of 9 Case 1:15-vv-01238-UNJ Document 38 Filed 04/27/17 Page 4 of 9 Case 1:15-vv-01238-UNJ Document 38 Filed 04/27/17 Page 5 of 9 Case 1:15-vv-01238-UNJ Document 38 Filed 04/27/17 Page 6 of 9 Case 1:15-vv-01238-UNJ Document 38 Filed 04/27/17 Page 7 of 9 Case 1:15-vv-01238-UNJ Document 38 Filed 04/27/17 Page 8 of 9 Case 1:15-vv-01238-UNJ Document 38 Filed 04/27/17 Page 9 of 9