VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00468 Package ID: USCOURTS-cofc-1_16-vv-00468 Petitioner: Nathaniel Paul Filed: 2017-11-14 Decided: 2018-03-09 Vaccine: influenza Vaccination date: 2013-09-18 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 180000 AI-assisted case summary: Nathaniel Paul filed a petition for compensation under the National Vaccine Injury Compensation Program on November 14, 2017, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on September 18, 2013. He further alleged that his injuries had lasted for more than six months. The respondent denied that the flu vaccine caused his alleged GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on November 14, 2017, 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. Pursuant to the stipulation, Nathaniel Paul was awarded a lump sum of $180,000.00, 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. Petitioner was represented by John Caldwell of Maglio Christopher & Toale, PA, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Nathaniel Paul alleged that an influenza vaccine administered on September 18, 2013, caused Guillain-Barré syndrome (GBS) and that the injury lasted more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in a $180,000.00 lump sum award. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The decision date was March 9, 2018. Petitioner's counsel was John Caldwell, and respondent's counsel was Amy Paula Kokot. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00468-0 Date issued/filed: 2018-03-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/14/2017) regarding 47 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00468-UNJ Document 51 Filed 03/09/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0468V Filed: November 14, 2017 UNPUBLISHED NATHANIEL PAUL, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 13, 2017, Nathaniel Paul (“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-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on September 18, 2013. Petition at 1-2; Stipulation, filed November 14, 2017, at ¶ 4. Petitioner further alleges that his injuries have lasted for more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies that the flu vaccine administered on or about September 13, 2013, is the cause of petitioner’s alleged GBS and/or any other injury or his current condition.” Stipulation at ¶ 6. Nevertheless, on November 14, 2017, 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-00468-UNJ Document 51 Filed 03/09/18 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. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $180,000.00, 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-00468-UNJ Document 51 Filed 03/09/18 Page 3 of 7 Case 1:16-vv-00468-UNJ Document 51 Filed 03/09/18 Page 4 of 7 Case 1:16-vv-00468-UNJ Document 51 Filed 03/09/18 Page 5 of 7 Case 1:16-vv-00468-UNJ Document 51 Filed 03/09/18 Page 6 of 7 Case 1:16-vv-00468-UNJ Document 51 Filed 03/09/18 Page 7 of 7