VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00311 Package ID: USCOURTS-cofc-1_16-vv-00311 Petitioner: Patricia Zuckerman Filed: 2016-10-20 Decided: 2017-02-13 Vaccine: influenza Vaccination date: 2014-09-29 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 137556 AI-assisted case summary: Patricia Zuckerman filed a petition for compensation under the National Vaccine Injury Compensation Program on October 20, 2016, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on September 29, 2014. She further alleged that she experienced residual effects for more than six months and that there had been no prior award or settlement for her condition. Respondent denied that the flu vaccine caused her GBS or any other injury. Nevertheless, on October 19, 2016, the parties filed a joint stipulation for compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Patricia Zuckerman was awarded a lump sum payment of $137,556.91 for first-year life care expenses and pain and suffering, and an additional amount to purchase an annuity contract. This award represents all elements of compensation to which she would be entitled. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00311-0 Date issued/filed: 2017-02-13 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 10/20/2016) regarding 22 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00311-UNJ Document 27 Filed 02/13/17 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-311V Filed: October 20, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * PATRICIA ZUCKERMAN, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza; * Guillain-Barre Syndrome; GBS; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * William E. Cochran, Jr., Black, McLaren, Jones, Ryland & Griffee, P.C., Memphis, TN, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 9, 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 she suffered Guillain-Barre Syndrome (“GBS”) as a result of receiving her September 29, 2014 influenza (“flu”) vaccination. Petition at 7; Stipulation, filed October 19, 2016, at ¶ 4. Petitioner further alleges she experienced the residual effects of her injury for more than six months and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 7; Stipulation at ¶¶ 4-5. “Respondent denies that the flu vaccine caused petitioner to suffer from GBS or any other injury or her current condition. ” Stipulation 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-00311-UNJ Document 27 Filed 02/13/17 Page 2 of 9 Nevertheless, on October 19, 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 payment of $137,556.91, which amount represents compensation for first year life care expenses ($22,556.91) and pain and suffering ($115,000.00), in the form of a check payable to petitioner; and • An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation. These amount represents all elements of compensation to which petitioner would be entitled under § 300aa-15(a). 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-00311-UNJ Document 27 Filed 02/13/17 Page 3 of 9 Case 1:16-vv-00311-UNJ Document 27 Filed 02/13/17 Page 4 of 9 Case 1:16-vv-00311-UNJ Document 27 Filed 02/13/17 Page 5 of 9 Case 1:16-vv-00311-UNJ Document 27 Filed 02/13/17 Page 6 of 9 Case 1:16-vv-00311-UNJ Document 27 Filed 02/13/17 Page 7 of 9 Case 1:16-vv-00311-UNJ Document 27 Filed 02/13/17 Page 8 of 9 Case 1:16-vv-00311-UNJ Document 27 Filed 02/13/17 Page 9 of 9