VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00121
Package ID: USCOURTS-cofc-1_16-vv-00121
Petitioner: Michael L. Black
Filed: 2016-11-15
Decided: 2017-03-02
Vaccine: influenza
Vaccination date: 2013-01-16
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Michael L. Black filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on January 16, 2013. He further alleged that his injuries persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated his alleged injury. Despite this denial, the parties filed a joint stipulation agreeing to a settlement. The stipulation stated that the flu vaccine is contained in the Vaccine Injury Table, and that Mr. Black received the vaccine within the United States. The parties agreed that a decision should be entered awarding compensation. Chief Special Master Dorsey adopted the stipulation, awarding Mr. Black a lump sum of $150,000.00 for all items of damages. This amount represents compensation for all damages available under the Vaccine Act. The decision was entered on March 2, 2017, following the stipulation filed on November 15, 2016.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00121-0
Date issued/filed: 2017-03-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/15/2016) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00121-UNJ Document 24 Filed 03/02/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0121V
Filed: November 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL L. BLACK, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Guillain-
* Barre syndrome (“GBS”); Special
SECRETARY OF HEALTH * Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Douglas Robert Plymale, Plymale Law Firm, New Orleans, LA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 22, 2016, Michael L. Black (“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 receiving an influenza (“flu”) vaccine on
January 16, 2013. Petition at 1; Stipulation, filed November 15, 2016, at ¶ 4. Petitioner
further alleges that his injuries persisted for more than six months. Petition at 2;
Stipulation at ¶ 4. “Respondent denies that the flu vaccine either caused or significantly
aggravated petitioner’s alleged injury or any other injury, and denies that petitioner’s
current disabilities are the result of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on November 15, 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-00121-UNJ Document 24 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 $150,000.00, 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.
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Case 1:16-vv-00121-UNJ Document 24 Filed 03/02/17 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHAEL L. BLACK. )
)
Petitioner. ) No. 16-121V ECF
)
V. ) Chief Special Master Dorsey
)
ECRETARY OF HEALTH )
AND HUMAN SERVICE , )
)
______R_esp_on_de_nt. _____ )
)
STIPULATION
The parties hereby stipulate to the following matter :
I. Petitioner. Michael L. Black. filed a petition for vaccine compensation under the
ational Vaccine Injury Compensation Program. 42 U ..C . §§ 300aa-I 0 to 34 (the ··vaccine
Program .. ). The petition seeks compensation for injuries allegedly related to petitioner"s receipt
of the influenza ( .. flu .. ) vaccine. which is contained in the Vaccine Injury Table (the .. Table. . ). 42
C.F.R. § 100.3(a).
2. On January 16. 2013. petitioner received the flu vaccine.
3. The flu vaccine was administered within the United tales.
4. Petitioner allege that. as a result of receiving the flu vaccine. he suffered from
Gui I lain-Barre syndrome (""GBS. . ). and that he experienced symptoms of this injury for more
than six months.
5. Petitioner represents that there has been no prior award or ettlement of a civil action
for damages as a result of his alleged injuries.

Case 1:16-vv-00121-UNJ Document 24 Filed 03/02/17 Page 4 of 7
6. Respondent denies that the nu vaccine either caused or significantly aggravated
petitioner"s alleged injury or any other injury. and denies that petitioner's current disabilities are
the result of a vaccine-related injury.
7. Maintaining their above-stated positions. the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the terms of this Stipulation. and after petitioner ha filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2l(a)(1) . the Secretary of Health and I luman
ervices will issue the following vaccine compensation payment:
A lump sum of$150.000.00. in the form ofa check payable to petitioner. This
amount represents compen ation for all damages that would be available under 42
U.S.C. § 300aa-I 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case. and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. Section 300aa-2 I (a)( I). and an application. the parties will submit to further
proceedings before the special master to award reasonable attorneys· fees and costs incurred in
proceeding upon this petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-I 5(g). to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs. insurance policies. f-'ederal or
tate health benefits program (other than Title XIX of the Social ecurity Act (42 U ..C .
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Case 1:16-vv-00121-UNJ Document 24 Filed 03/02/17 Page 5 of 7
§ 1396 et seq.)). or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation. and any amounts
awarded pursuant to paragraph 9 of this Stipulation. will be made in accordance with 42 U.S.C.
§ 300aa-l 5(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that. except for any award
for attorneys' fees and litigation costs. the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner. as contemplated by a strict construction of 42 U ..C .
§ 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-I 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9. petitioner. in his
individual capacity and on behalf of his heirs. executors. administrators. successors or assigns.
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of 1l ealth and Human ervices from any and all actions. causes of action (including
agreements. judgments. claims. damages. loss of services. expenses and all demands of whatever
kind or nature) that have been brought. could have been brought. or could be timely brought in
the Court of Federal Claims. under the National Vaccine Injury Compensation Program. 42
U.S.C. § 300aa-I 0 et seq .. on account of. or in any way growing out of. any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from. or
alleged to have resulted from. the flu vaccine administered on January 16. 2013. as alleged by
petitioner in a petition for vaccine compensation filed on or about January 22. 2016. in the
United States Court of Federal Claims as petition No. 16-121V .
14. If petitioner should die prior to entry ofj udgment. this agreement shall be voidable
upon proper notice to the Court on behalfof either or both of the parties.
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Case 1:16-vv-00121-UNJ Document 24 Filed 03/02/17 Page 6 of 7
15. lfthe special master fails to issue a decision in complete conformity with the terms
of this Stipulation or ifthe Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation. then the parties·
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended. except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties· respective positions as to liability and/or
amount of damages. and further. that a change in the nature of the injury or condition or in the
items of compensation sought. is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine received by petitioner either caused
or significantly aggravated petitioner's alleged GBS or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner"s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:16-vv-00121-UNJ Document 24 Filed 03/02/17 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ [ (________
~E
INE E. REEVES
Plymale Law Finn g puty Director
20 I St. Charles A venue Torts Branch
Suite 2500 Civil Division
New Orleans, LA 70170 U.S. Department of Justice
(504) 355-0092 P.O. Box 146 .
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETA OF HEALTH RESl~ONDENT:
AND HUMAN SE re "S:
~
ARRYL R. WISHARD
Director, Division of Injury Senior Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Depattment of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08N 1468 Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4357
Dated: _ l_l _{,_ _i ~___.(._L _(_, __
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