VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00900 Package ID: USCOURTS-cofc-1_16-vv-00900 Petitioner: Diana Sands Johnson Filed: 2017-08-11 Decided: 2018-02-01 Vaccine: influenza Vaccination date: 2015-09-08 Condition: Guillain-Barré syndrome (GBS), Miller Fisher Syndrome and tibial nerve palsy Outcome: compensated Award amount USD: 155076 AI-assisted case summary: Diana Sands Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré syndrome (GBS), Miller Fisher Syndrome, and tibial nerve palsy as a result of an influenza vaccine she received on September 8, 2015. She further alleged that her injuries lasted for more than six months. The respondent denied that her alleged conditions were caused in fact by the vaccination. However, on August 10, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as the decision of the Court. Diana Sands Johnson was awarded a lump sum payment of $135,000.00 and an additional $20,076.22 to satisfy a West Virginia Medicaid lien, representing compensation for all available damages. The court directed that judgment be entered in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00900-0 Date issued/filed: 2018-02-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/11/2017) regarding 22 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00900-UNJ Document 30 Filed 02/01/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0900V Filed: August 11, 2017 UNPUBLISHED DIANA SANDS JOHNSON, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS); Miller Fisher Variant; Tibial Nerve Palsy SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On July 28, 2016, Diana Sands Johnson (“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- Barré syndrome (“GBS”), Miller Fisher Syndrome and tibial nerve palsy as a result of an influenza (“flu”) vaccine she received on September 8, 2015. Petition at 1; Stipulation, filed August 10, 2017, at ¶ 4. Petitioner further alleges that her injuries lasted for more than six months. Petition at 4; Stipulation at ¶ 4. “Respondent denies that petitioner’s alleged GBS3, and/or tibial nerve palsy, and/or any other condition, was caused in fact by her influenza vaccination.” 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). 3 The parties note in footnote 1 of the Stipulation that Miller Fisher Syndrome is a variant of GBS, and all references to GBS are inclusive of Miller Fisher Syndrome. Case 1:16-vv-00900-UNJ Document 30 Filed 02/01/18 Page 2 of 7 Nevertheless, on August 10, 2017, 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. A lump sum payment of $135,000.00 in the form of a check payable to petitioner; and b. A lump sum payment of $20,076.22, representing compensation for full satisfaction of the State of West Virginia Medicaid lien, in the form of a check made payable joint to petitioner and: West Virginia Family Health Attn: Cashier P.O. Box 22250 Pittsburg, PA 15222 Stipulation at ¶ 8. Petitioner agrees to endorse this payment to West Virginia Family Health. These amounts represent 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.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 4 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-00900-UNJ Document 30 Filed 02/01/18 Page 3 of 7 Case 1:16-vv-00900-UNJ Document 30 Filed 02/01/18 Page 4 of 7 Case 1:16-vv-00900-UNJ Document 30 Filed 02/01/18 Page 5 of 7 Case 1:16-vv-00900-UNJ Document 30 Filed 02/01/18 Page 6 of 7 Case 1:16-vv-00900-UNJ Document 30 Filed 02/01/18 Page 7 of 7