VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00571 Package ID: USCOURTS-cofc-1_16-vv-00571 Petitioner: Renate Davison Filed: 2016-12-23 Decided: 2017-04-26 Vaccine: influenza Vaccination date: 2014-10-13 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 150713 AI-assisted case summary: Renate Davison filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination on October 13, 2014. The petition stated that the vaccine was administered in the United States, that her injury caused residual effects for more than six months, and that she had not received any prior award or settlement for her condition. Respondent denied that the flu vaccine caused Ms. Davison's GBS or any other injury. Despite the denial, the parties filed a joint stipulation for damages, agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Ms. Davison was awarded a lump sum of $150,713.19, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on April 26, 2017. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00571-0 Date issued/filed: 2017-04-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/23/2016) regarding 17 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00571-UNJ Document 29 Filed 04/26/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-571V Filed: December 23, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * RENATE DAVISON, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu); Guillain-Barre * Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * John Howie, Howie Law, P.C., Dallas, TX, for petitioner. Alice Tayman, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On May 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 she suffered from Guillain-Barre Syndrome (“GBS”) following an influenza (“flu”) vaccination given on October 13, 2014. Petition at 1; Stipulation, filed December 22, 2016, at ¶ 4. Petitioner further alleges that the vaccine was administered within the United States, that she experienced the residual effects of her 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 her condition. Petition at 9; Stipulation at ¶¶ 2-5. “Respondent denies that the flu vaccine caused petitioner’s alleged GBS or any other injury or her current condition.” Stipulation at ¶ 6. Nevertheless, on December 22, 2016, 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-00571-UNJ Document 29 Filed 04/26/17 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. The parties stipulate that petitioner shall receive the following compensation: A lump sum of $150,713.19 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-00571-UNJ Document 29 Filed 04/26/17 Page 3 of 7 Case 1:16-vv-00571-UNJ Document 29 Filed 04/26/17 Page 4 of 7 Case 1:16-vv-00571-UNJ Document 29 Filed 04/26/17 Page 5 of 7 Case 1:16-vv-00571-UNJ Document 29 Filed 04/26/17 Page 6 of 7 Case 1:16-vv-00571-UNJ Document 29 Filed 04/26/17 Page 7 of 7