VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00814
Package ID: USCOURTS-cofc-1_16-vv-00814
Petitioner: Mary Butler
Filed: 2016-07-08
Decided: 2018-09-26
Vaccine: influenza
Vaccination date: 2014-10-07
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
Mary Butler filed a petition for compensation under the National Vaccine Injury Compensation Program on July 8, 2016, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of her influenza vaccination on October 7, 2014. She stated that she received the vaccination in the United States, suffered the effects of her injury for more than six months, and had no prior award or settlement for her condition. Respondent denied that the flu vaccine caused her alleged GBS or any other injury. However, on June 4, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Mary Butler was awarded a lump sum of $140,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with the decision, absent a motion for review.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00814-0
Date issued/filed: 2018-09-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/04/2018) regarding 45 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-00814-UNJ Document 47 Filed 09/26/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-814V
Filed: June 4, 2018
UNPUBLISHED
MARY BUTLER,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Guillain-Barre
v.
Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Michael Firestone, Marvin Firestone, MD, JD, and Associates, San Mateo, CA, for
petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 8, 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 result
of her October 7, 2014 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed June
4, 2018, at ¶¶ 2, 4. Petitioner further alleges that she received her vaccination in the
United States, that she suffered the 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.” Stipulation at ¶¶ 3-5; see Petition at ¶¶ 31-33.
“Respondent denies that the flu vaccine caused petitioner’s alleged GBS or any other
injury or her current condition.” 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-00814-UNJ Document 47 Filed 09/26/18 Page 2 of 7
Nevertheless, on June 4, 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 the following compensation:
A lump sum of $140,000.00 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

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