VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01018
Package ID: USCOURTS-cofc-1_16-vv-01018
Petitioner: Norman Larsen
Filed: 2016-08-18
Decided: 2018-09-19
Vaccine: influenza
Vaccination date: 2013-09-10
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
On August 18, 2016, Norman Larsen filed a Vaccine Program petition after receiving an influenza vaccine on September 10, 2013. He alleged that the vaccine caused Guillain-Barre Syndrome and that residual effects lasted more than six months.

Unlike many stipulation-only decisions, the public decision notes that respondent initially recommended denial in the Rule 4(c) report. A hearing was held on February 12, 2018 to clarify factual discrepancies in the record. Respondent continued to maintain that the flu vaccine did not cause Larsen's injury, but agreed to participate in settlement negotiations after that proceeding.

The parties filed a stipulation on September 14, 2018. Special Master Brian H. Corcoran reviewed the record, found the stipulation reasonable, and adopted it on September 19, 2018. Larsen was awarded a lump sum of $60,000.00, payable to him, representing all damages available under section 15(a). He was represented by Martin Jeffrey Rubenstein of Martin Rubenstein in Staten Island, New York.

Theory of causation field:
Influenza vaccine (September 10, 2013) alleged to cause Guillain-Barre Syndrome with residual effects more than six months. COMPENSATED by stipulation after respondent initially recommended denial. A February 12, 2018 hearing addressed factual discrepancies; respondent maintained no vaccine causation but entered settlement. Special Master Brian H. Corcoran adopted the stipulation on September 19, 2018. Award: $60,000.00 lump sum payable to Norman Larsen for all section 15(a) damages. Attorney: Martin Jeffrey Rubenstein, Staten Island, NY.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01018-0
Date issued/filed: 2018-11-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/19/2018) Regarding 44 DECISION on Stipulation. (Signed by Special Master Brian H. Corcoran.)(mml) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01018-UNJ Document 49 Filed 11/05/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1018
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
NORMAN LARSEN, *
* Special Master Corcoran
*
Petitioner, * Filed: September 19, 2018
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (“flu”) Vaccine; Guillain-Barré
AND HUMAN SERVICES, * Syndrome (“GBS”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Martin Jeffrey Rubenstein, Martin Rubenstein, Staten Island, NY, for Petitioner.
Amy Paula Kokot, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 18, 2016, Norman Larsen filed a petition seeking compensation under the
National Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleges that he suffered
from Guillain-Barré syndrome (“GBS”) as a result of his September 10, 2013 influenza (“flu”)
vaccine. Id. at 1. Petitioner further alleges that he has experienced the residual effects of this
condition for more than six months. Id. at 7. Respondent initially recommended that Petitioner be
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the Decision 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-01018-UNJ Document 49 Filed 11/05/18 Page 2 of 7
denied compensation in his Rule 4(c) Report. ECF No. 17 at 1. A hearing was held on February
12, 2018, to clarify factual discrepancies in the record.
Although Respondent maintains his position that the flu vaccine did not cause Petitioner’s
injury, he nonetheless agreed to participate in settlement negotiations following the February 12th
proceeding. See Stip. at 1, ECF No. 42. The Parties filed a stipulation on September 14, 2018. Id.
Based upon my own review of the record, 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 $60,000.00, in the form of a check payable to Petitioner.
Id. at 2. This amount represents compensation for all damages under Section 15(a) of the Act to
which Petitioner is entitled.
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

CCaassee 11::1166--vvvv--0011001188--UUNNJJ DDooccuummeenntt 4429 FFiilleedd 0191//1045//1188 PPaaggee 13 ooff 57

CCaassee 11::1166--vvvv--0011001188--UUNNJJ DDooccuummeenntt 4429 FFiilleedd 0191//1045//1188 PPaaggee 24 ooff 57

CCaassee 11::1166--vvvv--0011001188--UUNNJJ DDooccuummeenntt 4429 FFiilleedd 0191//1045//1188 PPaaggee 35 ooff 57

CCaassee 11::1166--vvvv--0011001188--UUNNJJ DDooccuummeenntt 4429 FFiilleedd 0191//1045//1188 PPaaggee 46 ooff 57

CCaassee 11::1166--vvvv--0011001188--UUNNJJ DDooccuummeenntt 4429 FFiilleedd 0191//1045//1188 PPaaggee 57 ooff 57