VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00993 Package ID: USCOURTS-cofc-1_16-vv-00993 Petitioner: Gary Hausdorf Filed: 2017-10-16 Decided: 2018-02-14 Vaccine: influenza Vaccination date: 2015-10-08 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 165000 AI-assisted case summary: Gary Hausdorf filed a petition for compensation under the National Vaccine Injury Compensation Program on August 12, 2016, alleging he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on October 8, 2015. He also received a pneumococcal conjugate vaccine, but did not allege it caused his injury. Petitioner alleged that he suffered from his injuries for more than six months. The respondent denied that the petitioner's alleged GBS, or any other injury, was caused-in-fact by his flu and/or pneumococcal conjugate vaccinations. On October 16, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Gary Hausdorf was awarded a lump sum of $165,000.00, payable to the petitioner, as compensation for all items of damages. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice. Theory of causation field: Petitioner Gary Hausdorf alleged Guillain-Barré syndrome (GBS) following an influenza vaccine received on October 8, 2015. Respondent denied causation. The parties filed a joint stipulation on October 16, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $165,000.00 for all damages. The public decision does not specify the theory of causation, mention any medical experts, or detail the mechanism of injury. The case was settled via stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00993-0 Date issued/filed: 2018-02-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/16/2017) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00993-UNJ Document 38 Filed 02/14/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0993V Filed: October 16, 2017 UNPUBLISHED GARY HAUSDORF, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) 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 August 12, 2016, Gary Hausdorf (“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 he suffered Guillain- Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on October 8, 2015.3 Petition at 1; Stipulation, filed October 16, 2017, at ¶ 4. Petitioner further alleges that he suffered from his injuries for more than six months. Petition at 4; Stipulation at ¶ 4. “Respondent denies that petitioner’s alleged GBS, or any other injury, was caused-in-fact by his flu and/or pneumococcal conjugate vaccinations.” 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 Petitioner also received a pneumococcal conjugate vaccine, but he does not allege that it played any role in causing his alleged injury. See petition generally; see Stipulation at fn. 1. Case 1:16-vv-00993-UNJ Document 38 Filed 02/14/18 Page 2 of 7 Nevertheless, on October 16, 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 lump sum of $165,000.00, in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents 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-00993-UNJ Document 38 Filed 02/14/18 Page 3 of 7 Case 1:16-vv-00993-UNJ Document 38 Filed 02/14/18 Page 4 of 7 Case 1:16-vv-00993-UNJ Document 38 Filed 02/14/18 Page 5 of 7 Case 1:16-vv-00993-UNJ Document 38 Filed 02/14/18 Page 6 of 7 Case 1:16-vv-00993-UNJ Document 38 Filed 02/14/18 Page 7 of 7