VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01500
Package ID: USCOURTS-cofc-1_15-vv-01500
Petitioner: Daniel Doherty
Filed: 2015-12-11
Decided: 2016-05-12
Vaccine: influenza
Vaccination date: 2014-12-16
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 148358

AI-assisted case summary:
On December 11, 2015, Daniel Doherty filed a petition under the National Vaccine Injury Compensation Program alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on December 16, 2014. He further alleged that the residual effects of this injury lasted for more than six months. The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. On May 12, 2016, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it. Daniel Doherty was awarded a lump sum of $148,358.88, payable by check, as compensation for all items of damages. Petitioner's counsel was Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent's counsel was Lara Ann Englund of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Daniel Doherty alleged that an influenza vaccine administered on December 16, 2014, caused Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for damages, and Chief Special Master Nora Beth Dorsey adopted it. The decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the GBS. Daniel Doherty received a lump sum award of $148,358.88. The decision was filed on May 12, 2016. Petitioner was represented by Amber Diane Wilson, and respondent was represented by Lara Ann Englund.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-01500-0
Date issued/filed: 2016-06-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/12/2016) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01500-UNJ Document 25 Filed 06/16/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1500V
Filed: May 12, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DANIEL DOHERTY, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 11, 2015, Daniel Doherty (“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 from
Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received
on December 16, 2014. Petition at 1-3; Stipulation, filed May 12, 2016, at ¶ 2, 4.
Petitioner further alleges he suffered the residual effects of this injury for more than six
months. Petition at 3; Stipulation at ¶ 4. “Respondent denies that the flu vaccine is the
cause of petitioner’s GBS or any other injury or his current condition.” Stipulation at ¶ 6.
Nevertheless, on May 12, 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.
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-01500-UNJ Document 25 Filed 06/16/16 Page 2 of 7
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $148,358.88, in the form of a check payable to petitioner.
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-01500-UNJ Document 25 Filed 06/16/16 Page 3 of 7

Case 1:15-vv-01500-UNJ Document 25 Filed 06/16/16 Page 4 of 7

Case 1:15-vv-01500-UNJ Document 25 Filed 06/16/16 Page 5 of 7

Case 1:15-vv-01500-UNJ Document 25 Filed 06/16/16 Page 6 of 7

Case 1:15-vv-01500-UNJ Document 25 Filed 06/16/16 Page 7 of 7