VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00437
Package ID: USCOURTS-cofc-1_16-vv-00437
Petitioner: Kelsi Amen
Filed: 2017-08-30
Decided: 2018-01-29
Vaccine: influenza
Vaccination date: 2014-10-16
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 170000

AI-assisted case summary:
Kelsi Amen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on October 16, 2014. She also received a Tdap vaccination on November 18, 2013, but the GBS was attributed to the flu shot. Amen claimed residual effects from the injury for more than six months and stated there had been no prior award or settlement for her condition. Respondent denied that either the influenza or Tdap vaccine caused her GBS or any other injury. Despite the denial, the parties filed a joint stipulation on August 30, 2017, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the court's decision. Kelsi Amen was awarded a lump sum of $170,000.00, representing compensation for all items of damages available under the Vaccine Act.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00437-0
Date issued/filed: 2018-01-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/30/2017) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-00437-UNJ Document 44 Filed 01/29/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-437V
Filed: August 30, 2017
UNPUBLISHED
KELSI AMEN,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Guillain-Barre
v.
Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
James George Bartolotto, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 6, 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 received an influenza (“flu”) vaccination on October
16, 2014, and a Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination on
November 18, 2013, and that she suffered Guillain-Barre Syndrome (“GBS”) as a result
of her October 16, 2014 influenza vaccination. Petition at 1; Stipulation, filed August 30,
2017, at ¶¶ 2, 4. Petitioner further alleges that she experienced residual effects of this
injury for more than six months and that there has been no prior award of settlement of
a civil action for damages on her behalf as a result of her condition. Petition at 3-4;
Stipulation at ¶¶ 4-5. “Respondent denies that the influenza or Tdap vaccine, or any
other vaccine, caused petitioner’s alleged GBS, or any other injury, and further denies
that her current disabilities are a sequela of a vaccine-related injury. ” 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-00437-UNJ Document 44 Filed 01/29/18 Page 2 of 7
Nevertheless, on August 30, 2017, 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.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $170,000.00 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 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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