VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01040 Package ID: USCOURTS-cofc-1_16-vv-01040 Petitioner: Deborah Chrowl Filed: 2017-08-07 Decided: 2018-01-29 Vaccine: influenza Vaccination date: 2015-10-20 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 195000 AI-assisted case summary: Deborah Chrowl filed a petition on August 7, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she received an influenza vaccine on October 20, 2015, and subsequently developed Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent denied that the flu vaccine caused petitioner's GBS or current condition. Despite the respondent's denial, the parties filed a joint stipulation on August 4, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The decision awarded Deborah Chrowl a lump sum of $195,000.00, payable by check, as compensation for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Judgment was to be entered accordingly, unless a motion for review was filed. Theory of causation field: Petitioner Deborah Chrowl alleged that an influenza vaccine administered on October 20, 2015, caused her to develop Guillain-Barré Syndrome (GBS) and residual effects lasting over six months. Respondent denied that the vaccine caused the alleged GBS or current condition. The parties reached a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $195,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The case was resolved via stipulation rather than litigation on the merits of causation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01040-0 Date issued/filed: 2018-01-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/7/2017) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01040-UNJ Document 45 Filed 01/29/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1040V Filed: August 7, 2017 UNPUBLISHED DEBORAH CHROWL, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amber D. Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 22, 2016, 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 she suffered Guillain-Barré Syndrome (“GBS”) due to her receipt of an influenza (“flu”) vaccine on October 20, 2015. Petition at 1-3; Stipulation, filed August 4, 2017, at ¶¶ 1, 2, 4. Petitioner further alleges that she suffered the residual effects of her alleged injury for more than six months. Petition at 3; Stipulation at ¶ 4. Respondent denies that petitioner’s alleged GBS and residual effects were caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her current condition. Stipulation at ¶ 6. Nevertheless, on August 4, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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). Case 1:16-vv-01040-UNJ Document 45 Filed 01/29/18 Page 2 of 7 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 $195,000.00 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.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 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-01040-UNJ Document 45 Filed 01/29/18 Page 3 of 7 Case 1:16-vv-01040-UNJ Document 45 Filed 01/29/18 Page 4 of 7 Case 1:16-vv-01040-UNJ Document 45 Filed 01/29/18 Page 5 of 7 Case 1:16-vv-01040-UNJ Document 45 Filed 01/29/18 Page 6 of 7 Case 1:16-vv-01040-UNJ Document 45 Filed 01/29/18 Page 7 of 7