VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01587 Package ID: USCOURTS-cofc-1_15-vv-01587 Petitioner: Stacey Nash Filed: 2017-06-27 Decided: 2018-04-05 Vaccine: influenza Vaccination date: 2013-01-03 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 400000 AI-assisted case summary: Stacey Nash filed a petition for compensation under the National Vaccine Injury Compensation Program on December 29, 2015, alleging that she suffered Guillain-Barre Syndrome (GBS) caused by her January 3, 2013 influenza vaccination. She further alleged that she experienced residual effects of the condition for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent denied that the influenza immunization caused her GBS or any other injury. Nevertheless, on June 27, 2017, the parties filed a joint stipulation 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. Pursuant to the stipulation, Stacey Nash was awarded a lump sum of $400,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on April 5, 2018. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Caroline Noel Valentino, and respondent was represented by Sarah Christina Duncan. Theory of causation field: Petitioner Stacey Nash alleged that her January 3, 2013 influenza vaccination caused Guillain-Barre Syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public text does not specify the theory of causation, medical experts, or the mechanism of injury. A lump sum award of $400,000.00 was granted. The decision date was April 5, 2018. Petitioner's counsel was Caroline Noel Valentino, and respondent's counsel was Sarah Christina Duncan. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01587-0 Date issued/filed: 2018-04-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/27/2017) regarding 49 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-01587-UNJ Document 56 Filed 04/05/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1587V Filed: June 27, 2017 UNPUBLISHED STACEY NASH, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Caroline Noel Valentino, Valentino Law, Oakland, CA, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On December 29, 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”) caused by her January 3, 2013 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed June 27, 2017, at ¶ 4. Petitioner further alleges that she experienced the residual effects of this condition for more than six months and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 3; Stipulation at ¶¶ 4-5. “Respondent denies that the influenza immunization is the cause of petitioner’s alleged GBS or any other injury or her current condition. ” Stipulation at ¶ 6. Nevertheless, on June 27, 2017, 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-01587-UNJ Document 56 Filed 04/05/18 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. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $400,000.00 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 Case 1:15-vv-01587-UNJ Document 56 Filed 04/05/18 Page 3 of 7 Case 1:15-vv-01587-UNJ Document 56 Filed 04/05/18 Page 4 of 7 Case 1:15-vv-01587-UNJ Document 56 Filed 04/05/18 Page 5 of 7 Case 1:15-vv-01587-UNJ Document 56 Filed 04/05/18 Page 6 of 7 Case 1:15-vv-01587-UNJ Document 56 Filed 04/05/18 Page 7 of 7