VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00436 Package ID: USCOURTS-cofc-1_16-vv-00436 Petitioner: Carl L. Anderson Filed: 2016-09-06 Decided: 2016-11-02 Vaccine: influenza Vaccination date: 2013-10-09 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 145000 AI-assisted case summary: Carl L. Anderson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine he received on or about October 9, 2013, caused him to develop Guillain-Barré Syndrome (GBS). Mr. Anderson stated that the vaccine was administered in the United States, that he experienced residual effects of his injury for more than six months, and that he had not received any prior award or settlement for damages related to his condition. Respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Anderson's GBS or any other injury. Despite the denial, the parties filed a joint stipulation on September 2, 2016, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the court's decision. Mr. Anderson was awarded a lump sum of $145,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00436-0 Date issued/filed: 2016-11-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/06/2016) regarding 17 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00436-UNJ Document 27 Filed 11/02/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0436V Filed: September 6, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * CARL L. ANDERSON, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Guillain-Barré * Syndrome (“GBS”); Special Processing SECRETARY OF HEALTH * Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 6, 2016, Carl L. Anderson (“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 the influenza (“flu”) vaccine he received on or about October 9, 2013, caused him to develop Guillain-Barré Syndrome (“GBS”). Pet. at 1; Stip., filed Sept. 2, 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 ¶¶ 3, 22, 26; Stip. at ¶¶ 3-5. Respondent denies that the flu vaccine is the cause of petitioner’s GBS or any other injury or his current condition. Stip. at ¶ 6. Nevertheless, on September 2, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The 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-00436-UNJ Document 27 Filed 11/02/16 Page 2 of 7 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 $145,000.00 in the form of a check payable to petitioner, Carl L. Anderson. 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 Case 1:16-vv-00436-UNJ Document 27 Filed 11/02/16 Page 3 of 7 Case 1:16-vv-00436-UNJ Document 27 Filed 11/02/16 Page 4 of 7 Case 1:16-vv-00436-UNJ Document 27 Filed 11/02/16 Page 5 of 7 Case 1:16-vv-00436-UNJ Document 27 Filed 11/02/16 Page 6 of 7 Case 1:16-vv-00436-UNJ Document 27 Filed 11/02/16 Page 7 of 7