VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00874 Package ID: USCOURTS-cofc-1_16-vv-00874 Petitioner: Bryan Brutsch Filed: 2016-07-25 Decided: 2017-09-28 Vaccine: influenza Vaccination date: 2014-11-12 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 140000 AI-assisted case summary: Bryan Brutsch filed a petition for compensation under the National Vaccine Injury Compensation Program on July 25, 2016, alleging that he suffered Guillain-Barré syndrome (GBS) as a consequence of an influenza vaccination he received on or about November 12, 2014. He claimed residual effects from the GBS for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Brutsch's GBS or any other injury, and denied that his current disabilities were a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on September 1, 2017, agreeing to settle the issues between them and award compensation to Mr. Brutsch. The stipulation awarded a lump sum of $140,000.00 to Mr. Brutsch, representing compensation for all available damages. The Special Master found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered in accordance with the stipulation. The parties renounced their right to seek review, expediting the entry of judgment. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00874-0 Date issued/filed: 2017-09-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/01/2017) regarding 29 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00874-UNJ Document 33 Filed 09/28/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: September 1, 2017 * * * * * * * * * * * * * BRYAN BRUTSCH, * UNPUBLISHED * Petitioner, * No. 16-874V * v. * Special Master Gowen * SECRETARY OF HEALTH * Joint Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccination; Guillain-Barré * Syndrome (“GBS”). Respondent. * * * * * * * * * * * * * * Isaiah R. Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Mallori B. Openchowski, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On July 25, 2016, Bryan Brutsch (“petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 Petitioner received an influenza (“flu”) vaccination on or about November 12, 2014. Petitioner alleges that as a consequence of the flu vaccine, he suffered Guillain-Barré syndrome (“GBS”) and suffered the residual effects of that injury for more than six months. On September 1, 2017, the parties filed a stipulation in which they state that a decision should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 28). Respondent denies that the flu vaccine caused petitioner’s alleged GBS or any other injury and further denies that his current disabilities are a sequela of a vaccine-related injury. Id. at ¶ 6. Maintaining their above-stated positions, the parties nevertheless now agree that the issues 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:16-vv-00874-UNJ Document 33 Filed 09/28/17 Page 2 of 7 between them shall be settled and that a decision should be entered awarding compensation to petitioner according to the terms of the joint stipulation attached hereto as Appendix A. The joint stipulation awards a lump sum of $140,000.00 in the form of a check payable to petitioner. Joint Stipulation at ¶ 8. This amount represents compensation for all damages that would be available under Section 300aa-15(a). I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:16-vv-00874-UNJ Document 33 Filed 09/28/17 Page 3 of 7 Case 1:16-vv-00874-UNJ Document 33 Filed 09/28/17 Page 4 of 7 Case 1:16-vv-00874-UNJ Document 33 Filed 09/28/17 Page 5 of 7 Case 1:16-vv-00874-UNJ Document 33 Filed 09/28/17 Page 6 of 7 Case 1:16-vv-00874-UNJ Document 33 Filed 09/28/17 Page 7 of 7