VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01051 Package ID: USCOURTS-cofc-1_16-vv-01051 Petitioner: Shannon Jablonski Filed: 2017-05-23 Decided: 2017-12-18 Vaccine: influenza Vaccination date: 2015-10-05 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Shannon Jablonski filed a petition for compensation under the National Vaccine Injury Compensation Program on May 23, 2017, alleging she suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination on October 5, 2015. The petition stated the vaccination was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for her condition. The respondent denied that the flu vaccine caused her GBS or any other injury. Despite the denial, the parties filed a joint stipulation on May 22, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it. Shannon Jablonski was awarded a lump sum of $200,000.00 as compensation for all items of damages. Petitioner was represented by Leah Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Douglas Ross of the U.S. Department of Justice. The decision was issued on December 18, 2017. Theory of causation field: Petitioner Shannon Jablonski alleged Guillain-Barre Syndrome (GBS) following an October 5, 2015 influenza vaccination. Respondent denied causation. The parties filed a joint stipulation on May 22, 2017, agreeing to compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation. The award was $200,000.00. The public decision does not describe the specific theory of causation, medical experts, or clinical details of the injury or its onset. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01051-0 Date issued/filed: 2017-12-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/23/2017) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01051-UNJ Document 30 Filed 12/18/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1051V Filed: May 23, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * SHANNON JABLONSKI, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”); Guillain-Barre * Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Leah Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 24, 2014, 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 from Guillain-Barre Syndrome (“GBS”) following an October 5, 2015 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed May 22, 2017, at ¶ 1. Petitioner further alleges the vaccination was administered within the United States, that she experienced the residual effects of her injuries for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner to suffer GBS, or any other injury, or her current condition.” Stipulation at ¶ 6. Nevertheless, on May 22, 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-01051-UNJ Document 30 Filed 12/18/17 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 $200,000.00 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-01051-UNJ Document 30 Filed 12/18/17 Page 3 of 7 Case 1:16-vv-01051-UNJ Document 30 Filed 12/18/17 Page 4 of 7 Case 1:16-vv-01051-UNJ Document 30 Filed 12/18/17 Page 5 of 7 Case 1:16-vv-01051-UNJ Document 30 Filed 12/18/17 Page 6 of 7 Case 1:16-vv-01051-UNJ Document 30 Filed 12/18/17 Page 7 of 7