VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00965 Package ID: USCOURTS-cofc-1_16-vv-00965 Petitioner: David Fenster Filed: 2016-08-09 Decided: 2019-10-15 Vaccine: influenza Vaccination date: 2015-08-19 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 150000 AI-assisted case summary: David Fenster filed a petition for compensation under the National Vaccine Injury Compensation Program on August 9, 2016, alleging he suffered Guillain-Barré syndrome (GBS) with residual effects after receiving an influenza vaccine and a Pneumovax vaccine on August 19, 2015. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Mr. Fenster's GBS or any other injury. Despite maintaining their respective positions, the parties reached a stipulation to settle the issues and award compensation. The stipulation provided for a lump sum payment of $150,000.00 to Mr. Fenster, representing compensation for all damages available under the program. The Special Master adopted the stipulation and awarded compensation accordingly, ordering judgment to be entered in accordance with the terms of the stipulation. The case was resolved via stipulation, with the respondent denying causation but agreeing to compensation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00965-0 Date issued/filed: 2019-11-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/15/19) regarding 79 DECISION - Stipulation. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00965-UNJ Document 84 Filed 11/06/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 15, 2019 * * * * * * * * * * * * * UNPUBLISHED DAVID FENSTER, * * No. 16-965V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * Influenza (“Flu”); Guillain-Barré AND HUMAN SERVICES, * syndrome (“GBS”); Stipulation. * Respondent. * * * * * * * * * * * * * * Carol L. Gallagher, Somers Point, NJ, for petitioner. Lynn C. Schlie, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On August 9, 2016, David Fenster (“petitioner”) filed a petition for compensation within the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner received an influenza (“flu”) vaccination and a Pneumovax vaccine3 on August 19, 2015. Stipulation filed October 15, 2019 (ECF No. 78) (“Stipulation”) at ¶ 2. Petitioner alleged that as a result of that flu vaccination, he suffered from Guillain-Barré syndrome (“GBS”) with residual effects lasting for more than six months. Id. at ¶ 4. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion 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 opinion 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 opinion. Id. If neither party files a motion for redaction within 14 days, the opinion 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. 3 Pneumovax, a pneumococcal polysaccharide vaccine, is not listed on the Vaccine Injury Table and therefore not covered by the Vaccine Program. Case 1:16-vv-00965-UNJ Document 84 Filed 11/06/19 Page 2 of 7 On October 15, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation. Respondent denies that the flu vaccination caused petitioner to suffer from GBS or any other injury or his current condition. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $150,000.00, 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). I adopt the stipulation as the decision of the Court in awarding damages. I hereby award compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Maste 4 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:16-vv-00965-UNJ Document 84 Filed 11/06/19 Page 3 of 7 Case 1:16-vv-00965-UNJ Document 84 Filed 11/06/19 Page 4 of 7 Case 1:16-vv-00965-UNJ Document 84 Filed 11/06/19 Page 5 of 7 Case 1:16-vv-00965-UNJ Document 84 Filed 11/06/19 Page 6 of 7 Case 1:16-vv-00965-UNJ Document 84 Filed 11/06/19 Page 7 of 7