VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00795
Package ID: USCOURTS-cofc-1_16-vv-00795
Petitioner: Gabrielle Salomone
Filed: 2016-10-26
Decided: 2017-02-13
Vaccine: influenza
Vaccination date: 2014-10-16
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 160000

AI-assisted case summary:
Gabrielle Salomone filed a petition for compensation under the National Vaccine Injury Compensation Program on October 26, 2016, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on October 16, 2014. She asserted that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition. Respondent denied that the flu vaccine caused her alleged GBS or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on October 26, 2016, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Gabrielle Salomone was awarded a lump sum of $160,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on February 13, 2017.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00795-0
Date issued/filed: 2017-02-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/26/2016) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00795-UNJ Document 30 Filed 02/13/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0795V
Filed: October 26, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GABRIELLE SALOMONE, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Guillain-Barré
* Syndrome (“GBS”); Special Processing
SECRETARY OF HEALTH * Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for petitioner.
Colleen C. Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 5, 2016, Gabrielle Salomone (“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” or “Program”). Petitioner alleges that she
suffered Guillain-Barré Syndrome (“GBS”) as a result of receiving the influenza (“flu”)
vaccine on October 16, 2014. Pet. at 1; Stip., filed Oct. 26, 2016, at ¶¶ 1, 2, 4.
Petitioner further asserts that the vaccine was administered in 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. Pet. at ¶¶ 2, 20, 24-26; Stip. at ¶¶ 3-5. 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. Stip. 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-00795-UNJ Document 30 Filed 02/13/17 Page 2 of 7
Nevertheless, on October 26, 2016, 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 $160,000.00 in the form of a check payable to petitioner,
Gabrielle Salomone. Stip. at ¶ 8. This amount represents compensation for all
items of damages that would be available under 42 U.S.C. § 300aa-15(a).
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

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