VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01493
Package ID: USCOURTS-cofc-1_15-vv-01493
Petitioner: Jane M Stuart
Filed: 2015-12-09
Decided: 2017-12-15
Vaccine: influenza
Vaccination date: 2014-10-30
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 228004

AI-assisted case summary:
Jane M. Stuart filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Guillain-Barré syndrome (GBS) caused by an influenza vaccine she received on October 30, 2014. She further alleged that she experienced residual effects of this condition for more than six months. Respondent denied that the flu vaccine caused her GBS. The parties, however, filed a joint stipulation agreeing that a decision should be entered awarding compensation. The stipulation detailed a compensation package including a lump sum of $228,004.29 for first-year life care expenses, pain and suffering, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract for future expenses was to be provided. The court approved the stipulation and ordered that judgment be entered accordingly. The case was treated as a Table claim, as GBS is listed on the Vaccine Injury Table for the flu vaccine.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01493-0
Date issued/filed: 2017-12-15
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 05/19/2017) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:15-vv-01493-UNJ Document 48 Filed 12/15/17 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1493V
Filed: May 19, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JANE M STUART, *
*
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.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 9, 2015, Jane M. Stuart (“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 from
Guillain-Barré syndrome (“GBS”) caused by an influenza (“flu”) vaccine she received on
October 30, 2014. Petition at 1; Stipulation, filed May 17, 2017, at ¶ 4. Petitioner
further alleges that she experienced the residual effects of this condition for more than
six months. Petition at 9-10; Stipulation at ¶ 4. “Respondent denies that the flu vaccine
caused petitioner to suffer from GBS or any other injury.” Stipulation at ¶ 6.
Nevertheless, on May 17, 2017, the parties filed the joint stipulation (attached as
Appendix A), 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-01493-UNJ Document 48 Filed 12/15/17 Page 2 of 9
The parties stipulate that petitioner shall receive the following compensation:
a. A lump sum of $228,004.29 which amount represents compensation for
the first year life care expenses ($32,416.16), pain and suffering
($190,000.00), and past unreimbursable expenses ($5,588.13), 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. 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-01493-UNJ Document 48 Filed 12/15/17 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JA EM. STUART. )
)
Petitioner. )
V. )
) o. 15-1493V
ECRETARY OF HEALTH ) Chief pecial Master Dorsey
A D HUMA SERVICE )
)
Respondent. )
~~~~~~~~~~~~~~~)
STIPULATION
The parties hereby stipulate to the following matters:
I. Jane M. Stuart. petitioner. filed a petition for vaccine compensation under the alional
Vaccine Injury Compensation Program. 42 U.S.C. ~~ 300aa-I 0 to -34 (the ··vaccine Program .. ).
The petition seeks compensation for injurie allegedly related to petitioner"s receipt of the
influenza (""flu .. ) vaccine. which vaccine is contained in the Vaccine Injury Table (the ·Table"").
42 C.F.R. § I 00.3 (a).
2. Petitioner received the nu vaccine on or about October 30. 2014.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered from Guillain-Barrc yndrome ( .. GB .. ) as a result
of receiving the nu vaccine. and further alleges that she experienced the residual cf"lects of this
condition for more than six months.
5. Petitio er represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that the flu vaccine caused petitioner to suffer from GBS or any
other injury.

Case 1:15-vv-01493-UNJ Document 48 Filed 12/15/17 Page 4 of 9
7. Maintaining their above-stated positions. the parties nevertheless now agree that the
issues between them shal I be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this tipulation.
8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with
the terms of this Stipulation. and after petitioner ha filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 I (a)( I). the Secretary of Health and I luman Services will is ue
the following vaccine compensation payments:
a. A lump sum of $228.004.29 which amount represents compensation for first year life
care expenses ($32.416.16). pain and suffering ($190.000.00). and past unreimbursablc
expenses ($5.588.13). in the form or a check payable to petitioner: and
b. An amount sufficient to purchase the annuity contract described in paragraph I 0
below. paid to the life insurance company from which the annuity will be purchased
(the .. Life Insurance Company .. ).
9. The Life Insurance Company must have a minimum of $250.000.000 capital and
surplus. exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++. A+. A+g. A+p. A+r. or A+s:
b. Moody"s Investor Service Claims Paying Rating: Aa3. Aa2. Aa I. or Aaa:
c. Standard and Poor"s Corporation Insurer Claims-Paying Ability Rating: AA-.
AA. AA+. or AAA:
d. Fitch Credit Rating Company. Insurance Company Claims Paying Ability Rating:
AA-. AA. AA+. or AAA.
I 0. The Secretary of I lealth and Human Services agrees to purchase an annuity contract
from the Life Insurance Company for the benefit of petitioner, Jane M. Stuart. pursuant to which
the Life Insurance Company will agree to make payments periodically to petitioner as follows:
2

Case 1:15-vv-01493-UNJ Document 48 Filed 12/15/17 Page 5 of 9
a. For future unreimbursable Health Alliance Plan Maximum-out-of-pocket expenses. on
the first anniversary of the date of judgment. a lump sum of $7.150.00. increasing at the
rate of five percent (5%). compounded annually from the date orj udgment.
b. For future unreimbursable Medicare Part B Premium and Medicare Part D expenses.
beginning on the anniversary of the date of judgment in year 2023. an annual amount or
$1,890.00 to be paid for the remainder of petitioner's life. increasing at the rate or five
percent (5%). compounded annually from the date ofjudgment.
c. For future unreimbursable Medicare Part B Deductible. Primary Care Physician.
eurologist. EMG, and Gabapentin expenses. beginning on the anniversary of the date or
judgment in year 2019. an annual amount of $3.505.46 to be paid up to the anniversary of
the date of judgment in year 2023. Thereafter. beginning on the anniversary of the date
of judgment in year 2023. an annual amount of $280.73 to be paid for the remainder or
petitioner's life. all amounts increasing at the rate of five percent (5%). compounded
annually from the date of judgment.
d. For future unreimbursable Wheeled Walker. Hand Held hewer and Installation. and
Medical Alert expenses. on the anniversary of the date of judgment in year 2023. a lump
sum of $866.50. Thereafter. beginning on the anniversary of the date of judgment in year
2024. an annual amount of$501.25 to be paid for the remainder of petitioner's life. all
amounts increasing at the rate of four percent (4%). compounded annually from the date
of judgment.
e. For future unreimbursable ShO\\er Chair. Reacher. Bed Cane. Ancillary Service
expenses. beginning on the first anniversary or the date orjudgment. an annual amount or
$2.872.82 to be paid up to the anniversary or the date orjudgment in year 2023. Then.
beginning on the anniversary of the date or judgment in year 2023. an annual amount or
$2.642.82 to be paid up to the anniversary of the date of judgment in year 2028.
Thereafter. beginning on the anniversary or the date ofjudgment in year 2028. an annual
amount of$67.82 to be paid for the remainder of petitioner's life. all amounts increasing
at the rate of four percent (4 %). compounded annually from the date of judgment.
f. For future unreimbursable Case Management expenses. on the first anniversary or the
date of judgment, a lump sum of $1.068.00. increasing at the rate of four percent (4%).
compounded annually from the date or judgment.
At the sole discretion of the ecretary or Health and Human Services. the periodic payments set
forth in paragraph I 0 above may be provided to petitioner in monthly. quarterly. annual or other
installments. The ··annual amounts. . set forth above describe only the total yearly sum to be paid
to petitioner and do not require that the payment be made in one annual installment. Petitioner
will continue to receive the annuity payments from the Life Insurance Company only so long as
3

Case 1:15-vv-01493-UNJ Document 48 Filed 12/15/17 Page 6 of 9
she. Jane M. Stuart. is alive at the time that a particular payment is due. Written notice shall be
provided to the Secretary of Health and Human Services and the Life Insurance Company within
twenty (20) days of Jane M. tuart's death.
11. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this tipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 12 herein. and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract. the ecretary of Health and
Human Services and the United States of America are released from any and all obligations with
respect to future annuity payments.
12. As soon as practicable after the entry orjudgment on entitlement in this case. and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U .S.C. § 300aa-2 I (a)( I). and an application. the parties wi II submit to further proceedings
before the special master to award reasonable attorneys· fees and costs incurred in proceeding
upon this petition.
13. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-I 5(g). including State compensation programs. insurance policie .
Federal or late health benefits programs (other than Title XIX of the ocial Security Act
(42 U.S.C. § 1396 et seq.)). or entities that provide health services on a pre-paid basis.
4

Case 1:15-vv-01493-UNJ Document 48 Filed 12/15/17 Page 7 of 9
14. Payments made pursuant to paragraph 8 and any amounts awarded pur uant to
paragraph 12 of this Stipulation will be made in accordance with 42 U .S.C. ~ 300aa-I 5(i).
subject to the avai labi I ity of sufficient statutory funds.
15. The parties and their attorneys further agree and stipulate that. except for any award
for attorneys· fees and litigation costs. and past unreimbursable expenses. the money provided
pursuant to this Stipulation either immediately or as part of the annuity contract. will be used
solely for petitioner's benefit as contemplated by a strict construction of 42 U.S.C. ~~ 300aa-
l 5(a) and (d). and subject to the conditions of 42 U.S.C. ~~ 300aa-15(g) and (h).
16. In return for the payments described in paragraphs 8 and 12. petitioner. in her
individual capacity. and on behalf of her heirs. executors. administrators. successors or assigns.
does forever irrevocably and unconditionally release. acquit and discharge the United States and
the Secretary of Health and Human Services from any and all action or causes of action
(including agreements. judgments. claims. damages. loss or services. expenses and all demands
of whatever kind or nature) that have been brought. could have been brought. or could be timely
brought in the Court of Federal Claims. under the ational Vaccine Injury Compensation
Program. 42 U.S.C. ~ 300 aa-10 et seq .. on account ol: or in any way growing out oC any and all
known or unknown. suspected or unsuspected personal injuries to or death of petitioner resulting
from. or alleged to have resulted from. the flu vaccination administered on or about October 30.
2014. as alleged by petitioner in a petition for vaccine compensation filed on or about December
9. 2015. in the United States Court of Federal Claims as petition o. 15-1493 Y.
17. If petitioner should die prior to entry of judgment. this agreement shall be voidable
upon proper not ice to the Court on behalf of either or both of the parties.
5

Case 1:15-vv-01493-UNJ Document 48 Filed 12/15/17 Page 8 of 9
18. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or ifthe Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation. then the parties·
settlement and this Stipulation shall be voidable at the sole discretion of either party.
19. This Stipulation expresses a full and complete negotiated settlement of Ii abi lity and
damages claimed under the National Childhood Vaccine Injury Act of 1986. as amended. except
as otherwise noted in paragraph 12 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in th is
Stipulation may reflect a compromise of the parties· respective positions as to Ii abi Ii ty and/or
amount of damages. and further. that a change in the nature of the injury or condition or in the
items of compensation sought. is not grounds to modify or revise this agreement.
20. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in
this case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records. No. 09-15-0056.
21. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner"s GBS or any
other injury.
22. All rights and obligations of petitioner hereunder shall apply equally to petitioner·s
heirs. executors. administrators. successors, and/or assigns.
END OF STIPULATION
I
I
I
I
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May 151712:14p CaAsmee r1ic:a1n5 D-visvm-0a1nt4le9r3 -UNJ Document 48 Filed 12/1351/137 5 7 9P-1a5g7e7 9 of 9 p.8
Respectfully submitted,
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
. J/JL!
PETITIONER: ~ OF THE ATTORNEY GENERAL:
RINE E. REEVES
y Director.
Torts Branch
Civil Division
U.S . .Department of Justice
P.O. Box. 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESkNTATIVE ATTORNEY OF RECORD FOR
OF THE SECRE:C:AAY O~ HEALTH . ·RESPONDENT:
AND B)J~~ ~RVICE~:
,,
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.... / .." ! ~ _, .... /! __. ..." '_....... • ~
I ,.-' .' /• / ~ ;::--(./."l,../
NA.AA'Y '.~ A
Division
of
njury Senior Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop i 1C -26 Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 6l6-4357
Dated:
7