VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01280
Package ID: USCOURTS-cofc-1_15-vv-01280
Petitioner: P.M.
Filed: 2015-10-28
Decided: 2017-04-26
Vaccine: influenza
Vaccination date: 2013-09-19
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 476447

AI-assisted case summary:
P.M. filed a petition for compensation under the National Vaccine Injury Compensation Program on October 28, 2015, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on September 19, 2013. Petitioner asserted that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that no prior civil action had been settled or awarded. The respondent denied that the flu vaccine caused P.M.'s alleged GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on December 21, 2016. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. P.M. was awarded a total of $476,447.79, comprising $280,000.00 for past and future lost wages, $6,447.79 for out-of-pocket expenses, and $190,000.00 for pain and suffering. This amount represents compensation for all damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Robert P. Coleman, III.

Theory of causation field:
Petitioner P.M. alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on September 19, 2013. Respondent denied causation. The parties filed a joint stipulation for damages, resulting in an award of $476,447.79, which included $280,000.00 for past and future lost wages, $6,447.79 for out-of-pocket expenses, and $190,000.00 for pain and suffering. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The decision was made by Chief Special Master Nora Beth Dorsey on April 26, 2017, based on the joint stipulation. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Robert P. Coleman, III.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01280-0
Date issued/filed: 2017-04-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/22/2016) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01280-UNJ Document 47 Filed 04/26/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1280V
Filed: December 22, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
P.M., *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Guillain-Barré
* Syndrome (“GBS”); Special Processing
SECRETARY OF HEALTH * Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Robert P. Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 28, 2015, P.M. (“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 receiving the influenza (“flu”) vaccine on September 19, 2013. Pet. at 1;
Stip., filed Dec. 21, 2016, at ¶¶ 1, 2, 4. Petitioner further asserts that the vaccine was
administered in the United States, that he experienced the residual effects of his injury
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 his condition. Pet. at ¶¶ 7, 21, 24; Stip. at ¶¶ 3-5.
Respondent denies that the flu vaccine caused petitioner’s alleged GBS and/or any
other injury. Stip. 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-01280-UNJ Document 47 Filed 04/26/17 Page 2 of 7
Nevertheless, on December 21, 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 $476,447.79 in the form of a check payable to petitioner,
P.M. This amount consists of $280,000.00 for past and future lost wages,
$6,447.79 for out-of-pocket expenses, and $190,000.00 for pain and
suffering. Stip. at ¶ 8. The total amount represents compensation for all
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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P.M.

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