VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00216
Package ID: USCOURTS-cofc-1_16-vv-00216
Petitioner: Richard Warner
Filed: 2016-10-20
Decided: 2017-02-13
Vaccine: influenza
Vaccination date: 2014-10-01
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Richard Warner filed a petition for compensation under the National Vaccine Injury Compensation Program on February 12, 2016, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on October 1, 2014. Mr. Warner stated that the vaccine was administered in the United States, 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 flu vaccine caused Mr. Warner's GBS or any other injury. Despite the denial, the parties filed a joint stipulation on October 20, 2016, agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the Court's decision. Mr. Warner was awarded a lump sum of $200,000.00, payable to him, as compensation for all items of damages available under the Vaccine Act. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Douglas Ross. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation field:
Richard Warner filed a petition alleging Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on October 1, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Mr. Warner was awarded $200,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the GBS. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Douglas Ross. The decision date was February 13, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00216-0
Date issued/filed: 2017-02-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/20/2016) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00216-UNJ Document 35 Filed 02/13/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0216V
Filed: October 20, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RICHARD WARNER, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 12, 2016, Richard Warner (“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” or “Program”). Petitioner alleges that he
suffered injuries, including Guillain-Barré Syndrome (“GBS”), as a result of receiving the
influenza (“flu”) vaccine on October 1, 2014. Pet. at 1; Stip., filed Oct. 20, 2016, at ¶¶ 1,
2, 4. Petitioner further states that the vaccine was administered in the United States,
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 as a result of
his condition. Pet. at ¶¶ 5, 25, 26; Stip. at ¶¶ 3-5. Respondent denies that the flu
vaccine caused petitioner to suffer GBS, or any other injury, or his current condition.
Stip. at ¶ 6.
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-00216-UNJ Document 35 Filed 02/13/17 Page 2 of 7
Nevertheless, on October 20, 2016, 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.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $200,000.00 in the form of a check payable to petitioner,
Richard Warner. Stip. 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

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