VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00461 Package ID: USCOURTS-cofc-1_16-vv-00461 Petitioner: Steven Patton Filed: 2017-04-24 Decided: 2017-12-08 Vaccine: influenza Vaccination date: 2014-11-13 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 150000 AI-assisted case summary: Steven Patton filed a petition for compensation under the National Vaccine Injury Compensation Program on April 24, 2017, alleging that he suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination administered on November 13, 2014. Mr. Patton asserted that the vaccine was given in the United States, that he experienced residual effects for more than six months, and that no prior award or settlement had been made for his condition. The respondent denied that the influenza immunization caused Mr. Patton's GBS. Despite this denial, the parties submitted a joint stipulation on April 21, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Mr. Patton was awarded a lump sum of $150,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act. The decision was issued on December 8, 2017. Petitioner's counsel was Clifford Shoemaker of Shoemaker, Gentry & Knickelbein, and respondent's counsel was Ryan Pyles of the U.S. Department of Justice. Theory of causation field: Petitioner Steven Patton alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination on November 13, 2014. Respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the GBS onset or progression, diagnostic tests, or treatments. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $150,000.00 in a lump sum. The decision was issued on December 8, 2017. Petitioner was represented by Clifford Shoemaker, and respondent by Ryan Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00461-0 Date issued/filed: 2017-12-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/24/2017) regarding 40 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00461-UNJ Document 47 Filed 12/08/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-461V Filed: April 24, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * STEVEN PATTON, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”); Guillain Barre * Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Clifford Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner. Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 12, 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 from Guillain-Barre Syndrome (“GBS”) following the administration of an influenza (“flu”) vaccination on November 13, 2014. Petition at 1-2; Stipulation, filed April 21, 2017, at ¶ 3-4. Petitioner further alleges the vaccine was administered within the United States, that he has experienced residual effects of this 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. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that the flu immunization is the cause of petitioner’s alleged GBS and/or any other injury.” Stipulation at ¶ 6. Nevertheless, on April 21, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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-00461-UNJ Document 47 Filed 12/08/17 Page 2 of 7 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 $150,000.00 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-00461-UNJ Document 47 Filed 12/08/17 Page 3 of 7 Case 1:16-vv-00461-UNJ Document 47 Filed 12/08/17 Page 4 of 7 Case 1:16-vv-00461-UNJ Document 47 Filed 12/08/17 Page 5 of 7 Case 1:16-vv-00461-UNJ Document 47 Filed 12/08/17 Page 6 of 7 Case 1:16-vv-00461-UNJ Document 47 Filed 12/08/17 Page 7 of 7