VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01507
Package ID: USCOURTS-cofc-1_15-vv-01507
Petitioner: Monty Lowas
Filed: 2015-12-14
Decided: 2016-08-05
Vaccine: influenza
Vaccination date: 2014-10-09
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
On December 14, 2015, Monty Lowas filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr. Lowas alleged that he developed Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination he received on October 9, 2014. The petition stated that the vaccination was administered within the United States and that there had been no prior award or settlement of a civil action for damages on his behalf. The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused petitioner's GBS or any other injury or his current condition. Despite the respondent's denial, the parties filed a joint stipulation on June 20, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the court. Under the terms of the stipulation, Mr. Lowas was awarded a lump sum of $200,000.00, payable to him by check, as compensation for all items of damages available under the Vaccine Act. The decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. The attorneys involved were Amber Wilson of Maglio Christopher and Toale, PA, for the petitioner, and Justine Walters of the U.S. Department of Justice, for the respondent.

Theory of causation field:
Petitioner Monty Lowas alleged that he developed Guillain-Barré Syndrome (GBS) following an influenza vaccination received on October 9, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $200,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The case was resolved via stipulation, and the specific clinical details, onset, symptoms, tests, and treatments are not described in the public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01507-0
Date issued/filed: 2016-08-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/20/2016) regarding 18 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01507-UNJ Document 22 Filed 08/05/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1507V
Filed: June 20, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MONTY LOWAS, *
*
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 Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 14, 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 he suffered Guillain-Barré Syndrome (GBS”) as a
result of an October 9, 2014 influenza (“flu”) vaccination. Petition at 1-2; Stipulation,
filed June 20, 2016, at ¶¶ 2, 4. Petitioner further alleges the vaccination was
administered within the United States, and there has been no prior award or settlement
of a civil action for damages on his behalf as a result of his condition. Petition at 1, 4;
Stipulation at ¶¶ 3, 5. “Respondent denies that the influenza immunization caused
petitioner’s GBS or any other injury or his current condition.” Stipulation at ¶ 6.
Nevertheless, on June 20, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-01507-UNJ Document 22 Filed 08/05/16 Page 2 of 7
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 $200,000.00 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

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