VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00172
Package ID: USCOURTS-cofc-1_16-vv-00172
Petitioner: Luis Lao
Filed: 2016-02-04
Decided: 2016-08-12
Vaccine: influenza
Vaccination date: 2015-01-07
Condition: Guillain-Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Petitioner Luis Lao filed a petition for compensation under the National Vaccine Injury Compensation Program on February 4, 2016. He alleged that he suffered Guillain-Barré Syndrome (GBS) causally related to an influenza vaccine he received on January 7, 2015. Mr. Lao further alleged that the effects of his injury had lasted for more than six months and that he had not filed a civil suit or received compensation for his alleged vaccine-caused injury. The respondent denied that the vaccine caused any injury to the petitioner. Nevertheless, on August 12, 2016, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr. Lao was awarded a lump sum of $150,000.00 as compensation for all items of damages. Petitioner's counsel was Alison Haskins of Maglio, Christopher and Toale, PA. Respondent's counsel was Gordon Shemin of the U.S. Department of Justice.

Theory of causation field:
Petitioner Luis Lao alleged that Guillain-Barré Syndrome (GBS) was causally related to an influenza vaccine received on January 7, 2015. Respondent denied causation. The parties filed a joint stipulation for compensation on August 12, 2016. Petitioner was awarded $150,000.00. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. Petitioner's counsel was Alison Haskins, and respondent's counsel was Gordon Shemin. The decision was made by Chief Special Master Nora Beth Dorsey.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00172-0
Date issued/filed: 2016-10-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/12/2016) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00172-UNJ Document 31 Filed 10/31/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-172V
Filed: August 12, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LUIS LAO, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Maglio, Christopher and Toale, PA (FL), Sarasota, FL, for petitioner.
Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 4, 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-Barré Syndrome (“GBS”)
casually related to the influenza vaccine he received on January 7, 2015. Petition at ¶¶
1, 7-8; see also Stipulation, filed Aug. 12, 2016, at ¶¶ 1-2, 4. Petitioner further alleges
that he has suffered the effects of his injury for more than six months, and that he has
not filed a civil suit or received compensation for his injury alleged as vaccine caused.
Petition at ¶¶ 9, 11-12; see also Stipulation at ¶ 4-5. “Respondent denies that the
vaccine caused any injury to petitioner.” Stipulation at ¶ 6.
Nevertheless, on August 12, 2016, 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 1:16-vv-00172-UNJ Document 31 Filed 10/31/16 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.
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 § 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

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