VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00520
Package ID: USCOURTS-cofc-1_16-vv-00520
Petitioner: Thomas Smith
Filed: 2017-10-19
Decided: 2018-02-23
Vaccine: influenza
Vaccination date: 2014-11-24
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 280000

AI-assisted case summary:
Thomas Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on April 28, 2016, alleging that he suffered Guillain-Barre Syndrome (GBS) caused by his influenza vaccination on November 24, 2014. He claimed residual effects of his condition for more than six months and stated there had been no prior award or settlement for damages. The respondent denied that the influenza immunization caused his GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on October 19, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision. Pursuant to the stipulation, Thomas Smith was awarded a lump sum of $280,000.00, representing compensation for all items of damages available under the Vaccine Act. The clerk was directed to enter judgment accordingly. Petitioner counsel was Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA. Respondent counsel was Jason Cockburn Bougere of the U.S. Department of Justice.

Theory of causation field:
Petitioner Thomas Smith alleged that his Guillain-Barre Syndrome (GBS) was caused by his November 24, 2014 influenza vaccination. The respondent denied causation. The parties filed a joint stipulation on October 19, 2017, agreeing to an award of compensation. The public decision does not describe the specific medical or scientific theory of causation, nor does it name any medical experts. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $280,000.00 to petitioner. The decision was issued on February 23, 2018. Petitioner was represented by Isaiah Richard Kalinowski, and respondent was represented by Jason Cockburn Bougere.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00520-0
Date issued/filed: 2018-02-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/19/2017) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-00520-UNJ Document 41 Filed 02/23/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-520V
Filed: October 19, 2017
UNPUBLISHED
THOMAS SMITH,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Guillain-Barre
v.
Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Jason Cockburn Bougere, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 28, 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”) caused by
his November 24, 2014 influenza (“flu”) vaccination. Petition at 1-2; Stipulation, filed
October 19, 2017, at ¶ 4. Petitioner further alleges that he experienced residual effects
of his condition 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 3-4;
Stipulation at ¶¶ 4-5. “Respondent denies that the influenza immunization is the cause
of petitioner’s alleged GBS or any other injury or condition. ” Stipulation at ¶ 6.
Nevertheless, on October 19, 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-00520-UNJ Document 41 Filed 02/23/18 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 $280,000.00 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-00520-UNJ Document 41 Filed 02/23/18 Page 3 of 7

Case 1:16-vv-00520-UNJ Document 41 Filed 02/23/18 Page 4 of 7

Case 1:16-vv-00520-UNJ Document 41 Filed 02/23/18 Page 5 of 7

Case 1:16-vv-00520-UNJ Document 41 Filed 02/23/18 Page 6 of 7

Case 1:16-vv-00520-UNJ Document 41 Filed 02/23/18 Page 7 of 7