VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01357 Package ID: USCOURTS-cofc-1_15-vv-01357 Petitioner: Priscilla Brierton Filed: 2015-11-12 Decided: 2018-04-06 Vaccine: influenza Vaccination date: 2013-11-12 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 226517 AI-assisted case summary: On November 12, 2015, Priscilla Brierton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on November 12, 2013. She further alleged that she experienced residual effects of her GBS for more than six months. The respondent denied that the influenza immunization caused her GBS or any other injury. Nevertheless, on January 31, 2018, the parties filed a joint stipulation 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 $226,517.69, representing $11,517.69 for first-year life care expenses and $215,000.00 for combined pain and suffering and past unreimbursable expenses, payable to the petitioner. Additionally, an amount sufficient to purchase an annuity contract for future expenses was awarded, to be paid to the life insurance company from which the annuity would be purchased. The decision was to be entered in accordance with the stipulation. Petitioner was represented by Scott R. Doody, and respondent was represented by Sarah Christina Duncan. Theory of causation field: Petitioner Priscilla Brierton alleged that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on November 12, 2013, and experienced residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation on January 31, 2018, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. The award included a lump sum of $226,517.69 for first-year life care expenses ($11,517.69) and combined pain and suffering and past unreimbursable expenses ($215,000.00), plus an amount for an annuity contract for future expenses. The public decision does not describe the specific medical experts, clinical details of the GBS onset or progression, diagnostic tests, treatments, or the specific mechanism of causation. Petitioner was represented by Scott R. Doody, and respondent was represented by Sarah Christina Duncan. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01357-0 Date issued/filed: 2018-04-06 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 1/31/2018) regarding 55 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-01357-UNJ Document 59 Filed 04/06/18 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1357V Filed: January 31, 2018 UNPUBLISHED PRISCILLA BRIERTON, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Scott R. Doody, Law Offices of Scott R. Doody, Fort Worth, TX, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On November 12, 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-Barré Syndrome (“GBS”) as a result of the influenza vaccine she received on November 12, 2013. Petition at 1; Stipulation, filed January 31, 2018, at ¶ 4. Petitioner further alleges that she experienced the residual effects of her GBS condition for more than six months. Id. “Respondent denies that the influenza immunization is the cause of petitioner's alleged GBS or any other injury or her current condition.” Stipulation at ¶ 6. Nevertheless, on January 31, 2018, 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. 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-01357-UNJ Document 59 Filed 04/06/18 Page 2 of 10 Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: a. A lump sum of $226,517.69 which amount represents compensation for first year life care expenses ($11,517.69) and combined pain and suffering and past unreimbursable expenses ($215,000.00), 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 stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). 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 Case 1:15-vv-01357-UNJ Document 59 Filed 04/06/18 Page 3 of 10 Case 1:15-vv-01357-UNJ Document 59 Filed 04/06/18 Page 4 of 10 Case 1:15-vv-01357-UNJ Document 59 Filed 04/06/18 Page 5 of 10 Case 1:15-vv-01357-UNJ Document 59 Filed 04/06/18 Page 6 of 10 Case 1:15-vv-01357-UNJ Document 59 Filed 04/06/18 Page 7 of 10 Case 1:15-vv-01357-UNJ Document 59 Filed 04/06/18 Page 8 of 10 Case 1:15-vv-01357-UNJ Document 59 Filed 04/06/18 Page 9 of 10 Case 1:15-vv-01357-UNJ Document 59 Filed 04/06/18 Page 10 of 10