VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00048 Package ID: USCOURTS-cofc-1_16-vv-00048 Petitioner: Peter Stokke Filed: 2016-11-17 Decided: 2017-03-02 Vaccine: influenza Vaccination date: 2014-02-04 Condition: Guillain-Barre Syndrome (“GBS”) Outcome: compensated Award amount USD: 111004 AI-assisted case summary: Peter Stokke filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2016, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of his February 4, 2014 influenza vaccination. He further alleged that he experienced residual effects for more than six months and that there had been no prior award or settlement for his condition. The respondent denied that the influenza vaccine caused his GBS or any other injury. Nevertheless, the parties filed a joint stipulation for compensation, which the court found reasonable. The stipulation awarded Peter Stokke a lump sum of $111,004.00, representing compensation for all items of damages available under the Vaccine Act. Chief Special Master Nora Beth Dorsey approved this amount and directed that judgment be entered accordingly. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. The attorneys involved were Diana Lynn Stadelnikas for the petitioner and Christine Mary Becer for the respondent. Theory of causation field: Petitioner Peter Stokke alleged that his February 4, 2014 influenza vaccination caused Guillain-Barre Syndrome (GBS). The respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey on March 2, 2017. The stipulation resulted in an award of $111,004.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner counsel was Diana Lynn Stadelnikas, and respondent counsel was Christine Mary Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00048-0 Date issued/filed: 2017-03-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/17/2016) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00048-UNJ Document 36 Filed 03/02/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-48V Filed: November 17, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * PETER STOKKE, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza; * Guillain-Barre Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On January 12, 2016, 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-Barre Syndrome (“GBS”) as a result of his February 4, 2014 influenza vaccination. Petition at 1-2; Stipulation, filed November 17, 2016, at ¶ 4. Petitioner further alleges that he experienced the residual effects of his injury for more than six months and that 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 2-3; Stipulation at ¶¶ 4-5. “Respondent denies that the influenza vaccine caused petitioner to suffer from GBS or any other injury or his current condition. ” Stipulation at ¶ 6. Nevertheless, on November 17, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The 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 1:16-vv-00048-UNJ Document 36 Filed 03/02/17 Page 2 of 7 undersigned 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 $111,004.00 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 1:16-vv-00048-UNJ Document 36 Filed 03/02/17 Page 3 of 7 Case 1:16-vv-00048-UNJ Document 36 Filed 03/02/17 Page 4 of 7 Case 1:16-vv-00048-UNJ Document 36 Filed 03/02/17 Page 5 of 7 Case 1:16-vv-00048-UNJ Document 36 Filed 03/02/17 Page 6 of 7 Case 1:16-vv-00048-UNJ Document 36 Filed 03/02/17 Page 7 of 7