VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01309
Package ID: USCOURTS-cofc-1_15-vv-01309
Petitioner: Dale Pate
Filed: 2015-11-03
Decided: 2021-11-10
Vaccine: influenza
Vaccination date: 2012-12-10
Condition: Guillain-Barré syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Dale Pate filed a petition for compensation under the National Vaccine Injury Program on November 3, 2015, alleging that he suffered from Guillain-Barré syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of receiving the influenza vaccine on December 10, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused petitioner's alleged injuries or any other injury or his current condition. However, the parties reached a stipulation to settle the issues. On November 9, 2021, respondent filed a stipulation for an award of compensation. The stipulation provided for a lump sum of $65,000.00, payable to the petitioner, to compensate for all damages. Special Master Thomas L. Gowen entered judgment in accordance with the stipulation, awarding Dale Pate $65,000. The public decision does not describe the petitioner's specific clinical story, onset, symptoms, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Renee J. Gentry of the Vaccine Injury Clinic, George Washington University Law School, and respondent was represented by Althea W. Davis of the U.S. Department of Justice.

Theory of causation field:
Petitioner Dale Pate alleged that the influenza vaccine administered on December 10, 2012, caused Guillain-Barré syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). The respondent denied causation. The parties reached a stipulation for settlement, and Special Master Thomas L. Gowen issued a decision on November 10, 2021, awarding petitioner $65,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, nor does it specify if the case was adjudicated under a specific Table category.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01309-1
Date issued/filed: 2021-12-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/10/2021) regarding 164 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:15-vv-01309-UNJ Document 171 Filed 12/15/21 Page 1 of 7
In the United States Court of Federal Claims
Office of Special Masters
Filed: November 10, 2021
* * * * * * * * * * * * * * *
DALE PATE * UNPUBLISHED
Petitioner, *
* No. 15-1309V
v. *
* Special Master Gowen
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”);
AND HUMAN SERVICES, * Chronic Demyelinating Inflammatory
* Polyneuropathy (“CIDP”); Guillain-Barré
Respondent. * Syndrome (“GBS”).
* * * * * * * * * * * * * * *
Renee J. Gentry, Vaccine Injury Clinic, George Washington Univ. Law School, Washington, D.C.,
for petitioner.
Althea W. Davis, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On November 3, 2015, Dale Pate (“petitioner”), filed a petition for compensation under
the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner alleges that he suffered
from Guillain-Barré syndrome (“GBS”) and/or Chronic Inflammatory Demyelinating
Polyneuropathy (“CIDP”) as a result of receiving the influenza (“flu”) vaccine on December 10,
2012. Id.
On November 9, 2021, respondent filed a stipulation providing a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 163). Respondent denies
that the vaccines are the cause of petitioner’s alleged injuries, or any other injury or his current
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.

Case 1:15-vv-01309-UNJ Document 171 Filed 12/15/21 Page 2 of 7
condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree
that the issues between them shall be settled and that a decision should be entered awarding the
compensation to the petitioner according to the terms of the stipulation attached hereto as
Appendix A. Id. at ¶ 7.
The stipulation provides:
a) A lump sum of $65,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the terms of the stipulation and this decision.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

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