VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00842 Package ID: USCOURTS-cofc-1_16-vv-00842 Petitioner: Rachel Nolt Filed: 2017-01-31 Decided: 2017-07-06 Vaccine: influenza Vaccination date: 2014-01-31 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Rachel Nolt filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2017. She alleged that she suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination received on January 31, 2014. Ms. Nolt stated that the vaccine was administered in the United States, that she experienced residual effects of the injury for more than six months, and that she had not received a prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused Ms. Nolt's alleged GBS. Despite the respondent's denial, the parties filed a joint stipulation for compensation on January 30, 2017. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it to be reasonable. The decision adopted the stipulation as the court's decision, awarding Ms. Nolt compensation. The stipulation provided for a lump sum payment of $75,000.00, payable to petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Ryan Pyles. The decision was issued on July 6, 2017. Theory of causation field: Petitioner Rachel Nolt alleged that she suffered Guillain-Barre Syndrome (GBS) following an influenza vaccination received on January 31, 2014. The respondent denied that the flu immunization caused the alleged GBS. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey on July 6, 2017. The stipulation awarded petitioner a lump sum of $75,000.00 for all items of damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Ryan Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00842-0 Date issued/filed: 2017-07-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/31/2017) regarding 16 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00842-UNJ Document 25 Filed 07/06/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-842V Filed: January 31, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * RACHEL NOLT, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”); Guillain-Barre * Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On July 18, 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 from Guillain-Barre Syndrome (“GBS”) following an influenza (“flu”) vaccination she received on January 31, 2014. Petition at 1; Stipulation, filed January 30, 2017, at ¶¶ 2, 4. Petitioner further alleges that the vaccine was administered within the United States, she experienced residual effects of this 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. Petition at 1, 4; Stipulation at ¶¶ 2-5. “Respondent denies that the flu immunization is the cause of petitioner’s alleged GBS and/or any other injury.” Stipulation at ¶ 6. Nevertheless, on January 30, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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-00842-UNJ Document 25 Filed 07/06/17 Page 2 of 7 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 $75,000.00 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 Case 1:16-vv-00842-UNJ Document 25 Filed 07/06/17 Page 3 of 7 Case 1:16-vv-00842-UNJ Document 25 Filed 07/06/17 Page 4 of 7 Case 1:16-vv-00842-UNJ Document 25 Filed 07/06/17 Page 5 of 7 Case 1:16-vv-00842-UNJ Document 25 Filed 07/06/17 Page 6 of 7 Case 1:16-vv-00842-UNJ Document 25 Filed 07/06/17 Page 7 of 7