VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00631 Package ID: USCOURTS-cofc-1_16-vv-00631 Petitioner: Theodore Worley Filed: 2016-05-26 Decided: 2017-06-02 Vaccine: influenza Vaccination date: 2013-10-01 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Theodore Worley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine he received on or about October 1, 2013, caused him to develop Guillain-Barré Syndrome (GBS). He further alleged that he experienced residual effects of this injury for more than six months. The flu vaccine is listed on the Vaccine Injury Table. Respondent denied that the flu vaccine caused Mr. Worley's GBS or any other injury. Despite maintaining their respective positions, the parties reached a joint stipulation to settle the case. The stipulation stated that Mr. Worley received the flu vaccine on or about October 1, 2013, and alleged it caused GBS with residual effects for more than six months. Respondent denied causation. The parties agreed to a settlement, and the Special Master adopted the stipulation as the decision of the Court. Mr. Worley was awarded a lump sum payment of $50,000.00 as compensation for all damages. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. The stipulation was considered a full and complete negotiated settlement of liability and damages, except for attorneys' fees and costs. Mr. Worley released the United States and the Secretary of Health and Human Services from all claims related to the flu vaccination administered on October 1, 2013. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00631-0 Date issued/filed: 2017-06-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/08/2017) regarding 38 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00631-UNJ Document 42 Filed 06/02/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * THEODORE WORLEY, * * No. 16-631V Petitioner, * Special Master Christian J. Moran * v. * Filed: May 8, 2017 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for Petitioner; Lara A. Englund, United Staes Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On May 8, 2017, the parties filed a joint stipulation concerning the petition for compensation filed by Theodore Worley on May 26, 2016. In his petition, petitioner alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table, 42 C.F.R. §100.3(a), and which he received on or about October 1, 2013, caused him to develop Guillain-Barré Syndrome. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the flu vaccine is the cause of petitioner’s alleged GBS or another injury or his current condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:16-vv-00631-UNJ Document 42 Filed 06/02/17 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $50,000.00 in the form of a check made payable to petitioner, Theodore Worley. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 16-631V according to this decision and the attached stipulation.2 IT IS SO ORDERED. S/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:16-vv-00631-UNJ Document 42 Filed 06/02/17 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS THEODORE WORLEY, ) ) Petitioner, ) ) v. ) No. 16-631 V ) Special Master Christian Moran SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) ~~~~~~~~~~~~~~~~~) STIPULATION The parties hereby stipulate to the following matters: I. Petitioner Theodore Worley ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I 0 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3 (a). 2. Petitioner received a flu vaccine on or about October I, 2013. 3. The vaccine was administered within the United States. 4. Petitioner alleges that the flu vaccine caused him to develop Guillain-Barre Syndrome ("GBS") and that he experienced residual effects of this injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of his condition. 6. Respondent denies that the flu vaccine is the cause of petitioner's alleged GBS or any other injury or his current condition. Case 1:16-vv-00631-UNJ Document 42 Filed 06/02/17 Page 4 of 7 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$50,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I 0. Petitioner and his attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-l 5(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject to the avai la bi Ii ty of sufficient statutory funds. 2 Case 1:16-vv-00631-UNJ Document 42 Filed 06/02/17 Page 5 of 7 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-I S(g) and (h ). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I0 et seq., on account or, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on October I, 2013 as alleged by petitioner in a petition for vaccine com pen sat ion filed on or about May 26, 20 16, in the United States Court of Federal Claims as petition No. 16-631Y . 14. If petitioner shou Id die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Cou1t on behalfof either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties· settlement and this Stipulation shall be voidable at the sole discretion of either party. 3 Case 1:16-vv-00631-UNJ Document 42 Filed 06/02/17 Page 6 of 7 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties· respective positions as to liability and/or amount of damages, and further, that a char.ge in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged GBS or any other injury or his current condition. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I I I I I I I I I I I I 4 Case 1:16-vv-00631-UNJ Document 42 Filed 06/02/17 Page 7 of 7 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE AI TORNEY GENERAL: C~Es~ POP, Q. Jeffrey S. op & Associates Deputy Director 9107 Wilshire Blvd., Suite 700 Torts Branch Beverly Hills, CA 90210 Civil Division (3 I 0) 273-5462 U.S. Department of Justice P.O. Box 146 . Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRES~ATIVE ATTORNEY OF RECORD FOR OF THE SECRETfrR\Y O:~_HtALTH RESPONDENT: / j ____ ,__. AND HUMZAERYI