VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01530
Package ID: USCOURTS-cofc-1_15-vv-01530
Petitioner: Diane Streck
Filed: 2016-07-13
Decided: 2016-10-03
Vaccine: influenza
Vaccination date: 2013-10-14
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 155000

AI-assisted case summary:
Diane Streck filed a petition for compensation under the National Vaccine Injury Compensation Program on July 13, 2016, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of her October 14, 2013 influenza vaccine. She further alleged that her injury persisted for more than six months and that there had been no prior award or settlement for her injury. The respondent denied that the flu vaccine caused or aggravated her GBS. Despite the respondent's denial, the parties filed a joint stipulation for compensation on July 12, 2016. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Diane Streck a lump sum of $155,000.00, payable to petitioner, representing compensation for all items of damages available under the Vaccine Act. The decision was based on the joint stipulation of the parties. Edward M. Kraus represented the petitioner, and Traci R. Patton represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert testimony.

Theory of causation field:
Petitioner Diane Streck alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of her October 14, 2013 influenza vaccine. The respondent denied that the flu vaccine caused or aggravated petitioner's GBS. 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 $155,000.00 to petitioner. The public decision does not detail the specific theory of causation, mechanism of injury, expert testimony, or the specific terms of the award beyond the lump sum amount. The decision was based on a joint stipulation between the parties. Attorneys involved were Edward M. Kraus for the petitioner and Traci R. Patton for the respondent. The decision date was October 3, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01530-0
Date issued/filed: 2016-10-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/13/2016) 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-01530-UNJ Document 26 Filed 10/03/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1530V
Filed: July 13, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DIANE STRECK, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccination;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 16, 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-Barre Syndrome (“GBS”) as
a result of her October 14, 2013 influenza (“flu”) vaccine. Petition at 1; Stipulation, filed
July 12, 2016, at ¶¶ 2, 4. Petitioner further alleges that her injury persisted for more
than six months, and that there has been no prior award, compensation, or settlement
of a civil action for damages as a result of her injury. Petition at ¶ 46; Stipulation at ¶¶ 4-
5. “Respondent denies that the flu vaccine either caused or significantly aggravated
petitioner’s alleged GBS, or any other injury or condition, and denies that petitioner’s
current disabilities are the result of a vaccine-related injury. ” Stipulation at ¶ 6.
Nevertheless, on July 12, 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-01530-UNJ Document 26 Filed 10/03/16 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 $155,000.00 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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