VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00955 Package ID: USCOURTS-cofc-1_16-vv-00955 Petitioner: Donald Jackson Filed: 2016-08-05 Decided: 2017-07-07 Vaccine: influenza Vaccination date: 2013-09-17 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 100099 AI-assisted case summary: Donald Jackson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 5, 2016, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on September 17, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Jackson's alleged GBS or any other injury. The parties, however, reached a joint stipulation to settle the case. The stipulation outlined the settlement terms, wherein the respondent agreed to issue a payment of $99.07 to reimburse a State of Kentucky Medicaid lien, payable jointly to the petitioner and the Department of Medicaid Services. The petitioner agreed to endorse this payment to the State. Additionally, the respondent agreed to a lump sum payment of $100,000.00, payable to Mr. Jackson, representing compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in the agreed-upon amounts. The decision was issued on July 7, 2017. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert testimony. Petitioner was represented by Jeffrey S. Pop, Esq., and respondent was represented by Ryan D. Pyles, Esq. Theory of causation field: Donald Jackson filed a petition alleging Guillain-Barre Syndrome (GBS) following an influenza vaccination on September 17, 2013. The respondent denied causation. The parties reached a joint stipulation to settle the case. The settlement included a $99.07 payment to reimburse a State of Kentucky Medicaid lien and a $100,000.00 lump sum payment to the petitioner for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation on July 7, 2017. 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, Esq., and respondent was represented by Ryan D. Pyles, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00955-0 Date issued/filed: 2017-07-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/09/2017) Regarding 20 DECISION Stipulation/Proffer: Signed by Special Master Mindy Michaels Roth. (jo) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00955-UNJ Document 25 Filed 07/07/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-955V Filed: June 9, 2017 * * * * * * * * * * * * * * * DONALD JACKSON, * UNPUBLISHED * Petitioner, * v. * Decision on Joint Stipulation; * Guillain-Barre Syndrome (“GBS”); SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * Jeffrey S. Pop, Esq., Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Ryan D. Pyles, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On August 5, 2016, Donald Jackson (“Mr. Jackson,” or “petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged that he developed Guillain-Barre Syndrome (“GBS”) as a result of receiving an Influenza (“flu”) vaccination on September 17, 2013. See Petition (“Pet.”). Respondent denies that the vaccine is the cause of petitioner’s alleged GBS and/or any other injury. See Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete 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). 1 Case 1:16-vv-00955-UNJ Document 25 Filed 07/07/17 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On June 8, 2017, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: 1. A lump sum of $99.07, which amount represents reimbursement of a State of Kentucky Medicaid lien, in the form of a check payable jointly to petitioner and Department of Medicaid Services c/o Hewlett Packard Enterprise 656 Chamberlin Lane Frankfort, KY 40601. Petitioner agrees to endorse this payment to the State; and 2. A lump sum of $100,000.00, in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this Decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:16-vv-00955-UNJ Document 25 Filed 07/07/17 Page 3 of 7 Case 1:16-vv-00955-UNJ Document 25 Filed 07/07/17 Page 4 of 7 Case 1:16-vv-00955-UNJ Document 25 Filed 07/07/17 Page 5 of 7 Case 1:16-vv-00955-UNJ Document 25 Filed 07/07/17 Page 6 of 7 Case 1:16-vv-00955-UNJ Document 25 Filed 07/07/17 Page 7 of 7