VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01396 Package ID: USCOURTS-cofc-1_15-vv-01396 Petitioner: Mirsa Joosten Filed: 2015-11-18 Decided: 2016-11-01 Vaccine: influenza Vaccination date: 2014-09-17 Condition: Guillain-Barré Syndrome (GBS) and Bell's Palsy Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Mirsa Joosten filed a petition for compensation under the National Vaccine Injury Compensation Program on November 18, 2015. She alleged that an influenza vaccine received on or about September 17, 2014, caused her to develop Guillain-Barré Syndrome (GBS) and Bell's Palsy. Ms. Joosten stated the vaccine was administered in the United States and that she experienced residual effects from her injuries for more than six months. She also confirmed no prior award or settlement for her condition. The respondent denied that the flu vaccine caused her alleged injuries. Despite the respondent's denial, the parties filed a joint stipulation on August 19, 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. Ms. Joosten was awarded a lump sum of $75,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act. Petitioner's counsel was John R. Howie, Jr. of Howie Law, P.C., and respondent's counsel was Amy P. Kokot of the U.S. Department of Justice. Theory of causation field: Mirsa Joosten alleged that an influenza vaccine administered on or about September 17, 2014, caused her to develop Guillain-Barré Syndrome (GBS) and Bell's Palsy. The respondent denied causation. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the alleged injuries, or the mechanism of injury. The Special Master adopted the stipulation, awarding $75,000.00 as compensation for all damages. The decision was made by Chief Special Master Nora Beth Dorsey on November 1, 2016, based on a joint stipulation filed August 19, 2016. Petitioner was represented by John R. Howie, Jr., and respondent by Amy P. Kokot. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01396-0 Date issued/filed: 2016-11-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/22/2016) regarding 28 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01396-UNJ Document 36 Filed 11/01/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1396V Filed: August 22, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * MIRSA JOOSTEN, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Guillain-Barré * Syndrome (“GBS”); Bell’s Palsy; Special SECRETARY OF HEALTH * Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner. Amy P. Kokot, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On November 18, 2015, Mirsa Joosten (“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 the influenza (“flu”) vaccine she received on or about September 17, 2014, caused her to develop Guillain- Barré Syndrome (“GBS”) and Bell’s Palsy. Pet. at 1; Stip., filed Aug. 19, 2016, at ¶¶ 1, 2, 4. Petitioner further states that the vaccine was administered in the United States, that she experienced the residual effects of her 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 her condition. Pet. at ¶¶ 1, 21-23; Stip. at ¶¶ 3-5. Respondent denies that the flu vaccine received by petitioner is the cause of her alleged GBS and/or Bell’s Palsy and/or any other injury or her current condition. 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-01396-UNJ Document 36 Filed 11/01/16 Page 2 of 7 Nevertheless, on August 19, 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 $75,000.00 in the form of a check payable to petitioner, Mirsa Joosten. Stip. 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-01396-UNJ Document 36 Filed 11/01/16 Page 3 of 7 Case 1:15-vv-01396-UNJ Document 36 Filed 11/01/16 Page 4 of 7 Case 1:15-vv-01396-UNJ Document 36 Filed 11/01/16 Page 5 of 7 Case 1:15-vv-01396-UNJ Document 36 Filed 11/01/16 Page 6 of 7 Case 1:15-vv-01396-UNJ Document 36 Filed 11/01/16 Page 7 of 7