VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00153 Package ID: USCOURTS-cofc-1_16-vv-00153 Petitioner: Emma Hicks Filed: 2017-06-13 Decided: 2018-05-02 Vaccine: influenza Vaccination date: 2013-12-10 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 193634 AI-assisted case summary: Emma Hicks, initially represented by her father Gregory Hicks, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 1, 2016, alleging Guillain-Barré Syndrome (GBS) after receiving an influenza vaccination on December 10, 2013. Emma Hicks reached the age of majority on February 3, 2016, and became the petitioner in the case. The petition alleged that the vaccination occurred in the United States, that the injury effects lasted more than six months, and that no other action or compensation had been sought for the alleged vaccine-caused injury. The respondent denied that the flu vaccine caused petitioner's alleged GBS or any other injury, and denied that her current disabilities were a sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on June 12, 2017, 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, Emma Hicks was awarded a lump sum of $193,634.40, payable to the petitioner. This amount represents compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Isaiah Kalinowski of Maglio, Christopher and Toale, PA, and respondent was represented by Lisa Watts of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Emma Hicks alleged Guillain-Barré Syndrome (GBS) following an influenza vaccination on December 10, 2013. The respondent denied causation. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $193,634.40. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, relying instead on the parties' stipulation for resolution. Petitioner was represented by Isaiah Kalinowski, and respondent by Lisa Watts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00153-1 Date issued/filed: 2018-05-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/13/2017) regarding 47 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00153-UNJ Document 58 Filed 05/02/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-153V Filed: June 13, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * EMMA HICKS, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah Kalinowski, Maglio, Christopher and Toale, PA (DC), Washington, DC, for petitioner. Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On February 1, 2016, Gregory Hicks on behalf of his minor daughter, E.H., filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). E.H. (“Emily Hicks”) reached age of majority on February 3, 2016 and became petitioner in this case. See Order, issued Feb. 3, 2016 (ECF No. 10); Petition at ¶ 2. Petitioner alleges that she suffered Guillain- Barré Syndrome (“GBS”) after receiving an influenza vaccination on December 10, 2013. Petition at ¶¶ 4, 15; see also Stipulation, filed June 12, 2017, at ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccination in the United States, suffered the effects of her injury for more than six months, and has not filed an action or received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 4, 13-14, 16, 18- 19; see also Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine or the Hep A 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-00153-UNJ Document 58 Filed 05/02/18 Page 2 of 7 vaccine caused petitioner’s alleged GBS, or any other injury, and further denies that petitioner’s current disabilities are a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on June 12, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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 $193,634.40 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 § 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-00153-UNJ Document 58 Filed 05/02/18 Page 3 of 7 Case 1:16-vv-00153-UNJ Document 58 Filed 05/02/18 Page 4 of 7 Case 1:16-vv-00153-UNJ Document 58 Filed 05/02/18 Page 5 of 7 Case 1:16-vv-00153-UNJ Document 58 Filed 05/02/18 Page 6 of 7 Case 1:16-vv-00153-UNJ Document 58 Filed 05/02/18 Page 7 of 7