VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00162
Package ID: USCOURTS-cofc-1_16-vv-00162
Petitioner: Debra Byrd
Filed: 2014-06-04
Decided: 2017-02-28
Vaccine: influenza
Vaccination date: 2013-02-05
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 224000

AI-assisted case summary:
Debra Byrd filed a petition for compensation under the National Vaccine Injury Compensation Program on June 4, 2014, alleging that she developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on February 5, 2013. The respondent denied that the vaccination caused her injury. The parties reached a settlement agreement, and on February 1, 2017, they filed a joint stipulation outlining the terms. The Special Master adopted the stipulation. Respondent agreed to issue payments totaling $224,000.00. This included a lump sum of $185,000.00 payable to Debra Byrd for all damages, and an additional lump sum of $39,000.00 payable jointly to Debra Byrd and her counsel, Edwin Howard, for reasonable attorneys' fees and costs. The decision was issued by Special Master Mindy Michaels Roth on February 28, 2017. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert testimony.

Theory of causation field:
Petitioner Debra Byrd alleged that she developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on February 5, 2013. Respondent denied causation. The parties reached a joint stipulation to settle the case. The stipulation was adopted by Special Master Mindy Michaels Roth on February 28, 2017. The award included $185,000.00 for damages and $39,000.00 for attorneys' fees and costs, totaling $224,000.00. The public text does not specify the theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00162-0
Date issued/filed: 2017-02-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/1/2017) regarding 23 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:16-vv-00162-UNJ Document 27 Filed 02/28/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: February 1, 2017)
No. 16-162V
* * * * * * * * * * * * *
DEBRA BYRD, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Guillain-Barre Syndrome
v. * (“GBS”); Influenza (“Flu”)
* Vaccine.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Edwin Howard, Bonville & Howard, Fitchburg, MA, for petitioner.
Debra Begley, US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On June 4, 2014, Debra Byrd [“Ms. Byrd,” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to post this decision on the United States Court of Federal Claims' website, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified
as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party
has 14 days to identify and move to delete medical or other information, that satisfies the criteria
in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, I will delete 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).
1

Case 1:16-vv-00162-UNJ Document 27 Filed 02/28/17 Page 2 of 7
vaccination on February 5, 2013. See Stipulation, filed February 1, 2017, at ¶¶ 1-4. Respondent
denies that the influenza immunization caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On February 1, 2017, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payments:
1. A lump sum of $185,000.00 in the form of a check payable to petitioner,
Debra Byrd. This amount represents compensation for all damages that would be
available under § 300aa-15(a); and
2. A lump sum of $39,000.00 in form of a check payable jointly to petitioner and
petitioner’s counsel, Edwin Howard, for reasonable attorneys’ fees and costs,
and, in compliance with General Order #9, no out-of-pocket expenses were
incurred by petitioner.3
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.4
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award
encompasses all charges by the attorney against a client, “advanced costs” as well as fees for
legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from charging or
collecting fees (including costs) that would be in addition to the amount awarded herein. See
generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.1991).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a
notice renouncing the right to seek review.
2

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