VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00629 Package ID: USCOURTS-cofc-1_16-vv-00629 Petitioner: Mary Katherine Shadix Filed: 2017-03-10 Decided: 2017-09-29 Vaccine: influenza Vaccination date: 2013-11-03 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Mary Katherine Shadix filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a consequence of her November 3, 2013 influenza vaccination. She further alleged that she suffered residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf. Respondent denied that the flu vaccine caused petitioner’s alleged GBS or any other injury and further denied that her current disabilities were a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on March 10, 2017, stating that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Mary Katherine Shadix was awarded a lump sum of $100,000.00, representing compensation for all items of damages available under the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00629-0 Date issued/filed: 2017-09-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/10/2017) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00629-UNJ Document 37 Filed 09/29/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-629V Filed: March 10, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * MARY KATHERINE SHADIX, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza; * Guillain-Barre Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On May 26, 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 Guillain-Barre Syndrome (“GBS”) as a consequence of her November 3, 2013 influenza (“flu”) vaccination. Petition at 1-2; Stipulation, filed March 10, 2017, at ¶ 4. Petitioner further alleges that she suffered 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 on her behalf as a result of her condition. Petition at 3; Stipulation at ¶¶ 4-5. “Respondent denies that the flu vaccine caused petitioner’s alleged GBS or any other injury and further denies that her current disabilities are a sequela 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-00629-UNJ Document 37 Filed 09/29/17 Page 2 of 7 Nevertheless, on March 10, 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 $100,000.00 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-00629-UNJ Document 37 Filed 09/29/17 Page 3 of 7 Case 1:16-vv-00629-UNJ Document 37 Filed 09/29/17 Page 4 of 7 Case 1:16-vv-00629-UNJ Document 37 Filed 09/29/17 Page 5 of 7 Case 1:16-vv-00629-UNJ Document 37 Filed 09/29/17 Page 6 of 7 Case 1:16-vv-00629-UNJ Document 37 Filed 09/29/17 Page 7 of 7