VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00939 Package ID: USCOURTS-cofc-1_16-vv-00939 Petitioner: William Lance Ferguson Filed: 2016-08-04 Decided: 2017-10-31 Vaccine: influenza Vaccination date: 2013-10-12 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 225000 AI-assisted case summary: William Lance Ferguson filed a petition on August 4, 2016, alleging that the influenza vaccine he received on October 12, 2013, caused him to develop Guillain-Barré syndrome (GBS). Mr. Ferguson further alleged that he suffered residual effects from the GBS for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated his condition. Despite the respondent's denial, the parties reached a stipulation for compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award included a lump sum payment of $225,000.00, payable to Mr. Ferguson via check, intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The decision was finalized on October 31, 2017. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was William E. Cochran, Jr. of Black McLaren, et al., PC, and respondent counsel was Traci R. Patton of the United States Department of Justice. Theory of causation field: Petitioner William Lance Ferguson received an influenza vaccine on October 12, 2013, and subsequently developed Guillain-Barré syndrome (GBS), alleging residual effects for more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. Petitioner counsel was William E. Cochran, Jr., and respondent counsel was Traci R. Patton. The award was a lump sum of $225,000.00, issued on October 31, 2017, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered beyond the stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00939-0 Date issued/filed: 2017-10-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/6/2017) regarding 31 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00939-UNJ Document 35 Filed 10/31/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * WILLIAM LANCE FERGUSON, * * No. 16-939V Petitioner, * Special Master Christian J. Moran v. * * Filed: October 6, 2017 SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine; * Guillain-Barré syndrome (“GBS”) Respondent. * * * * * * * * * * * * * * * * * * * * * * William E. Cochran, Jr., Black McLaren, et al., PC, Memphis, TN, for Petitioner; Traci R. Patton, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On October 5, 2017, the parties filed a joint stipulation concerning the petition for compensation filed by William L. Ferguson on August 4, 2016. In his petition, petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), and which he received on October 12, 2013, caused him to suffer Guillain-Barré syndrome. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that the vaccines either caused or significantly aggravated petitioner’s alleged injury or any other injury, and denies that petitioner's current disabilities are the result of a vaccine-related injury. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:16-vv-00939-UNJ Document 35 Filed 10/31/17 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $225,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 16-939V according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:16-vv-00939-UNJ Document 35 Filed 10/31/17 Page 3 of 7 Case 1:16-vv-00939-UNJ Document 35 Filed 10/31/17 Page 4 of 7 Case 1:16-vv-00939-UNJ Document 35 Filed 10/31/17 Page 5 of 7 Case 1:16-vv-00939-UNJ Document 35 Filed 10/31/17 Page 6 of 7 Case 1:16-vv-00939-UNJ Document 35 Filed 10/31/17 Page 7 of 7