VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00456 Package ID: USCOURTS-cofc-1_16-vv-00456 Petitioner: Isaac Watson Filed: 2017-03-24 Decided: 2017-10-25 Vaccine: influenza Vaccination date: 2014-10-21 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 135000 AI-assisted case summary: Isaac Watson filed a petition for compensation under the National Vaccine Injury Compensation Program on April 11, 2016, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of his October 21, 2014 influenza vaccination. He stated that he received the vaccination in the United States and suffered the sequelae of his injury for more than six months. The petition also represented that there had been no previous action, award, or settlement for damages related to his injury. The respondent denied that the flu vaccine caused petitioner's alleged GBS or any other injury, and denied that the petitioner's current disabilities were sequelae of a vaccine-related injury. On March 23, 2017, 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. Isaac Watson was awarded a lump sum of $135,000.00, payable to the petitioner, as compensation for all items of damages available under the Vaccine Act. Ronald Craig Homer represented the petitioner, and Michael Patrick Milmoe represented the respondent. The decision was issued on October 25, 2017. Theory of causation field: Petitioner Isaac Watson alleged Guillain-Barre Syndrome (GBS) following an October 21, 2014 influenza vaccination. The respondent denied causation. The parties filed a joint stipulation on March 23, 2017, agreeing to an award of compensation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $135,000.00 as a lump sum for all damages under the Vaccine Act. The decision date was October 25, 2017. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Michael Patrick Milmoe. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00456-0 Date issued/filed: 2017-10-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/24/2017) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00456-UNJ Document 41 Filed 10/25/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-456V Filed: March 24, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * ISAAC WATSON, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccination; * Guillain-Barre Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer, PC, Boston, MA, for petitioner. Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 11, 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-Barre Syndrome (“GBS”) as a result of his October 21, 2014 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed March 23, 2017, at ¶¶ 2, 4. Petitioner further alleges he received his vaccination in the United States, and that he suffered the sequela of his injury for more than six months. Petition at ¶¶ 17-18; Stipulation at ¶¶ 3-4. Petitioner additionally represents that there has been no previous action brought, award received, or settlement of civil action for damages on his behalf as a result of his injury. Petition at 19; Stipulation at ¶ 5. “Respondent denies that the flu vaccine caused petitioner’s alleged GBS, or any other injury, and further denies that petitioner’s current disabilities are sequelae 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-00456-UNJ Document 41 Filed 10/25/17 Page 2 of 7 Nevertheless, on March 23, 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. The parties stipulate that petitioner shall receive the following compensation: A lump sum of $135,000.00 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 Case 1:16-vv-00456-UNJ Document 41 Filed 10/25/17 Page 3 of 7 Case 1:16-vv-00456-UNJ Document 41 Filed 10/25/17 Page 4 of 7 Case 1:16-vv-00456-UNJ Document 41 Filed 10/25/17 Page 5 of 7 Case 1:16-vv-00456-UNJ Document 41 Filed 10/25/17 Page 6 of 7 Case 1:16-vv-00456-UNJ Document 41 Filed 10/25/17 Page 7 of 7