VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00637 Package ID: USCOURTS-cofc-1_16-vv-00637 Petitioner: Michael Miller Filed: 2016-05-27 Decided: 2017-05-12 Vaccine: influenza Vaccination date: 2015-09-21 Condition: myasthenia gravis and Guillain-Barré Syndrome Outcome: compensated Award amount USD: 336326 AI-assisted case summary: Michael Miller filed a petition on May 27, 2016, alleging that the influenza vaccine he received on or about September 21, 2015, caused him to suffer from myasthenia gravis (MG) and Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied that the flu vaccine caused Mr. Miller's conditions. However, the parties reached a stipulation for compensation, which Special Master Christian J. Moran adopted as the decision of the Court. The stipulation awarded Mr. Miller a lump sum payment of $336,326.42, intended to compensate for all damages available under the program. Judgment was to be entered according to this decision and the stipulation. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner counsel was Leah V. Durant, and respondent counsel was Christine M. Becer. Theory of causation field: Petitioner Michael Miller received an influenza vaccine on or about September 21, 2015. He alleged this vaccine caused him to develop myasthenia gravis (MG) and Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties entered into a stipulation for compensation, which Special Master Christian J. Moran adopted. The stipulation resulted in a lump sum award of $336,326.42. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioner was represented by Leah V. Durant, and respondent by Christine M. Becer. The decision date was May 12, 2017. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00637-0 Date issued/filed: 2017-06-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/12/2017) regarding 27 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00637-UNJ Document 31 Filed 06/07/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * MICHAEL MILLER, * * No. 16-637V Petitioner, * Special Master Christian J. Moran * v. * Filed: May 12, 2017 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * myasthenia gravis (“MG”); * Guillain-Barré Syndrome (“GBS”). Respondent. * * * * * * * * * * * * * * * * * * * * * * Leah V.Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner; Christine M. Becer, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On May 11, 2017, the parties filed a joint stipulation concerning the petition for compensation filed by Michael Miller on May 27, 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 September 21, 2015, caused him to suffer from myasthenia gravis (“MG”) and Guillain-Barré Syndrome (“GBS”). 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 his behalf as a result of his 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-00637-UNJ Document 31 Filed 06/07/17 Page 2 of 7 Respondent denies that the flu vaccine caused petitioner to suffer from MG, GBS, or any other injury or his current condition. 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 $336,326.42 in the form of a check made payable to petitioner, Michael Miller. 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 16-637V 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-00637-UNJ Document 31 Filed 06/07/17 Page 3 of 7 Case 1:16-vv-00637-UNJ Document 31 Filed 06/07/17 Page 4 of 7 Case 1:16-vv-00637-UNJ Document 31 Filed 06/07/17 Page 5 of 7 Case 1:16-vv-00637-UNJ Document 31 Filed 06/07/17 Page 6 of 7 Case 1:16-vv-00637-UNJ Document 31 Filed 06/07/17 Page 7 of 7