VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00936
Package ID: USCOURTS-cofc-1_16-vv-00936
Petitioner: George M. Gavin
Filed: 2016-08-04
Decided: 2017-08-30
Vaccine: influenza
Vaccination date: 2013-09-16
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
George M. Gavin filed a petition on August 4, 2016, alleging that he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on September 16, 2013. He further claimed that he experienced residual effects from the condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Gavin's GBS or any other injuries. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on August 3, 2017. The stipulation proposed an award of compensation to Mr. Gavin. Based on the review of the file and the parties' agreement, the Special Master adopted the stipulation as the decision. The stipulation awarded Mr. Gavin a lump sum of $75,000.00, representing compensation for all damages available under the National Vaccine Injury Compensation Program. The Special Master approved this award, and judgment was to be entered accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00936-0
Date issued/filed: 2017-08-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/03/2017) regarding 19 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (sb) Copy to parties.
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Case 1:16-vv-00936-UNJ Document 23 Filed 08/30/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-936V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
GEORGE M. GAVIN, *
* Special Master Corcoran
*
Petitioner, * Filed: August 3, 2017
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for Petitioner.
Amy P. Kokot, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 4, 2016, George M. Gavin filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he
suffered from Guillain-Barré syndrome (“GBS”) as a result of his September 16, 2013, influenza
(“flu”) vaccine. Petitioner further alleges that he has experienced the residual effects of this
condition for more than six months.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information.
Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request 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). Otherwise, the whole decision in its present form will be
available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).

Case 1:16-vv-00936-UNJ Document 23 Filed 08/30/17 Page 2 of 7
Respondent denies that the flu vaccine caused Petitioner’s GBS or any other injuries.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed on August 3, 2017) that the issues before them could be settled, and that a decision should
be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
 A lump sum of $75,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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