VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00813 Package ID: USCOURTS-cofc-1_16-vv-00813 Petitioner: J.R. Filed: 2016-07-08 Decided: 2018-02-01 Vaccine: influenza Vaccination date: 2013-08-16 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 120500 AI-assisted case summary: On July 8, 2016, Maureen Revaitis and Chris Revaitis filed a petition on behalf of their minor son, J.R., seeking compensation under the National Vaccine Injury Compensation Program. They alleged that J.R. developed Guillain-Barré Syndrome (GBS) caused in fact by an influenza vaccine administered on August 16, 2013. The petition further stated that J.R. received the vaccination in the United States and continued to suffer residual effects of his GBS for more than six months, and that the petitioners had not received prior compensation for this alleged vaccine-caused injury. The respondent, the Secretary of Health and Human Services, denied that J.R.'s alleged GBS or any other condition was caused in fact by the influenza vaccine. Despite maintaining their respective positions, the parties filed a joint stipulation on February 1, 2018, agreeing to settle the case and have a decision entered awarding compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the court's decision. The award totaled $120,500.00. This amount included a lump sum of $120,000.00 payable to Maureen and Chris Revaitis as guardians or conservators of J.R.'s estate, and a lump sum of $500.00 payable to Maureen Revaitis. The stipulation stated that these amounts represented all damages available under the Vaccine Act. Petitioners were represented by Lawrence R. Cohan of Anapol Weiss, and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The stipulation also noted that payments would be made in accordance with 42 U.S.C. § 300aa-15(i), subject to statutory fund availability, and that petitioners would provide documentation of their appointment as guardians/conservators before payments could be made. The parties also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs. Theory of causation field: Petitioners alleged that J.R. developed Guillain-Barré Syndrome (GBS) caused in fact by an influenza vaccine administered on August 16, 2013, with residual effects lasting more than six months. Respondent denied that the alleged GBS was vaccine-caused. The parties settled the case by joint stipulation, which Chief Special Master Nora Beth Dorsey adopted as the court's decision on February 1, 2018. The award totaled $120,500.00: $120,000.00 payable to Maureen and Chris Revaitis as guardians/conservators of J.R.'s estate and $500.00 payable to Maureen Revaitis. Petitioners were represented by Lawrence R. Cohan of Anapol Weiss. The public text does not detail the specific mechanism of causation, medical experts, or diagnostic findings. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00813-0 Date issued/filed: 2018-05-11 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 2/1/2018) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00813-UNJ Document 40 Filed 05/11/18 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-813V Filed: February 1, 2018 UNPUBLISHED J.R. by his parents, MAUREEN REVAITIS and CHRIS REVAITIS, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioners, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioners. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On July 8, 2016, petitioners filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioners allege that their minor child, J.R., suffered Guillain-Barré Syndrome (“GBS”) caused-in-fact by the influenza vaccine he received on August 16, 2013. Petition at 1; Stipulation, filed Feb. 1, 2018, at ¶¶ 1-2, 4. Petitioners further allege that J.R. received the vaccination in the United States, continued to suffer the residual effects of his GBS more than six months later, and that petitioners have no received compensation for J.R.’s injury alleged as vaccine caused. Petition at ¶¶ 3, 28-29; Stipulation at ¶¶ 3-5. “Respondent denies that J.R.’s alleged GBS, or any other condition, was caused-in-fact by the influenza vaccine.” 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-00813-UNJ Document 40 Filed 05/11/18 Page 2 of 8 Nevertheless, on February 1, 2018, 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. Pursuant to the terms stated in the attached Stipulation, the undersigned awards compensation in the amount of $120,500.00 as follows: 1. A lump sum of $120,000.00 in the form of a check payable to petitioners as guardians/conservators of J.R.’s estate, and; 2. A lump sum of $500.00 in the form of a check payable to Maureen Revaitis. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 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-00813-UNJ Document 40 Filed 05/11/18 Page 3 of 8 IN THE UNITED s·T A TES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ••••••••••••••••••••••••••••••••••••• J.R. by his parents MAUREEN • • REV AITIS and CHRIS REV AITIS, • • Petitioners, No. 16-813V • CHIEF SPECIAi. MASTER • V. NORA BETH DORSEY • • SECRETARY OF HEALTH AND • HUMAN SERVICES, • • Respondent. ••••••••••••••••••••••••••••••••••••• STIPULATION The parties hereby stipulate to the following matters: l. On behalf of their son, J.R., petilioners filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I 0 to 34 (lhe "Vaccine Program"). The petition seeks compensation for injuries allegedly related to J.R.'s receipt of the influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. J.R. received an influenza immunization on August 16, 2013. 3. This vaccine was administered within the United States. 4. Petitioners allege 1hat J.R. developed Guillain Barre syndrome ("GBS") that was caused-in-fact by his August 16, 2013, influenza vaccination, and that he has experienced residual effects of this injury for more than six months. 5. Petitioners represent that there has been no prior award or settlement of a civil action for damages on behalf of J.R. as a result of his condition. Case 1:16-vv-00813-UNJ Document 40 Filed 05/11/18 Page 4 of 8 6. Respondenl denies that J.R. 's alleged GBS, or any other condition, was caused-in- fact by his influenza vaccine. 7. Maintaining their above-stated positions. the parties nevertheless now agree that the issues between them shalt be settled and that a decision should be entered awarding the compensation described in paragraph 8 of rhis Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioners have filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l(a)( I), the Secrerary of Health and Human Services will issue the following vaccine compensation payments: a. a lump sum payment of $120,000.00, in the form of a check payable lO petitioners as guardians/conservators of J.R.'s estate, and b. a lump sum payment of $500.00, in the form of a check payable to Maureen Reva it is. These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 9. As soon as practicable al\er the entry ofj udgment on entitlement in this case, and after petitioners have tiled both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( l ), 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. t 0. Petitioners and their anorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primorily liable under 42 U.S.C. § 300aa- l 5(g), to the extent that payment has been made or can reasonably be expected to be made under 11ny State compensation programs, insurance policies, Federal or 2 Case 1:16-vv-00813-UNJ Document 40 Filed 05/11/18 Page 5 of 8 State health benefits programs (other than Title XIX of the Social Security Act {42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payments 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-I 5(i), subject to the availability of sufficient statutory funds. I 2. The parties and their attorneys further agree and stipulate tha1, 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 J.R. as contemplated by a strict construct ion of 42 U. S.C. § 300oa-I S(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-1 S(g) and (h). I 3. Petitioners represent that they presently are, or within 90 days of the date of judgment will become, duly authorized 10 serve as guardians/conservators of J.R.'s estate under the laws of the State of New Jersey. No payments pursuant to this Stipulation shall be made until petitioners provide the Secretary with documentation establishing their appointment as guardians/conservators of J. R. 's estate. If petitioners arc not authorized by a court of competent jurisdiction to serve as guardians/conservators of the estate of J.R. at the time a payment pursuant to this Stipulation is to be made, ony such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as guardian/conservator of the estate of J.R. upon :;ubmission of written documentation of such appointment to the Secretary. 14. In return for the payments described in paragraphs 8 and 9, petitioners, in their individual capacity and as legal representatives of J.R., on behalf of themselves, J.R., and his heirs, executors, administrators, successors or assigns, do forever irrevocably and unconditionally release, acquit ond discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (Including agreements, judgments, 3 Case 1:16-vv-00813-UNJ Document 40 Filed 05/11/18 Page 6 of 8 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· IO et seq., on account of, or in any way growing our of, any and all known or unknown, suspected or unsuspected personal injuries to or death of J.R. resulting from, or alleged to have resulted from, the nu vaccination administered on August 16, 2013, as alleged by petitioners in a petition for vaccine compensation filed on or about July 8, 2016, in the United States Court of Federal Claims as petition No. I 6·8 I 3V. 15. If J .R. should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 16. 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 lo enter judgment in confonnity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' seulement and this Stipulation shall be voidable at the sole discretion of either party. 17. This Stipulation expresses a full and complete negotiated senlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 12 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any ace or thing ocher than is herein expressly stared and clearly agreed to. The parries further agree and understand that the award described in chis Stipulation may reflect a compromise of the parties' respective positions as to liabilicy and/or amount of damages, and further, that a change in the nature of the injury or condition or in the icems of compensation sought, is not grounds to modify or revise this agreement. 4 Case 1:16-vv-00813-UNJ Document 40 Filed 05/11/18 Page 7 of 8 18. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that J.R.'s alleged GBS, or any other condition, was nu caused-in-fact by his vaccination. 19. All rights and obligations of petitioners hereunder shall apply equally to petitioners' heirs, executors, administrators, successors, and/or assigns as legal representatives of J.R. END OF STIPULATION I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5 Case 1:16-vv-00813-UNJ Document 40 Filed 05/11/18 Page 8 of 8 Respectfully subini!lCL~, PETITIONERS: AUTHO' ') ' : ' r.1 I 4 6 AUTHORIZED JH.t'H ESF~ffATIVE AITOH.\F'1 Cl· HEcunDfOR OF THE SECIZT T·'· LY ()f.' Jl''ALT!I RES!'0'H · ! ~~I" :ere:: AND HU:'\11\.' \ ' ~· .~' · ' , r rLt r::::. Jt;./NARA YAN Ni.' ', ".'- fl. DU.:1\..\ i' . fJLTEAU BEGLEY Director T1i al /<. ·!·.r· 1:•.:y Division of Jnjt.; y C.: ·101 ;nsntk11 ProgralT'S To11s 1·: .. 1.• :i Healthcare Systc1r< '"·r·::iu Cid[;, .. i\.:1 U.S. '.)cp~n111en1 ~f' !( 1!1h 560~ Fi