VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01057
Package ID: USCOURTS-cofc-1_16-vv-01057
Petitioner: Robert Manuel
Filed: 2017-02-13
Decided: 2017-08-11
Vaccine: influenza
Vaccination date: 2013-09-28
Condition: Guillain-Barré syndrome (GBS) with Miller Fisher variant
Outcome: compensated
Award amount USD: 143079

AI-assisted case summary:
Robert Manuel filed a petition under the National Vaccine Injury Compensation Program alleging that he suffered from Guillain-Barré syndrome (GBS) with the Miller Fisher variant as a result of an influenza vaccine he received on September 28, 2013. He further alleged that he experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Manuel's GBS or any other injury. Despite the denial, the parties filed a joint stipulation for damages, agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Mr. Manuel was awarded a lump sum of $143,079.82, representing compensation for all items of damages available under the Vaccine Act. The decision was based on the joint stipulation of the parties.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01057-0
Date issued/filed: 2017-08-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/13/2017) regarding 20 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01057-UNJ Document 28 Filed 08/11/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1057V
Filed: February 13, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT MANUEL, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Guillain-
* Barré Syndrome (“GBS”); Miller-Fisher
SECRETARY OF HEALTH * Variant; Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher & Toale, Sarasota, FL, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 25, 2016, Robert Manuel (“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 from
Guillain-Barré syndrome (“GBS”) with Miller Fisher variant as a result of an influenza
(“flu”) vaccine he received on September 28, 2013. Petition at 1-2; Stipulation, filed
February 13, 2017, at ¶ 4. Petitioner further alleges that he experienced the residual
effects of his injury for more than six months. Petition at 2; Stipulation at ¶ 4.
“Respondent denies that the flu vaccine is the cause of petitioner’s alleged GBS or any
other injury or his current condition.” Stipulation at ¶ 6.
Nevertheless, on February 13, 2017, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-01057-UNJ Document 28 Filed 08/11/17 Page 2 of 7
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $143,079.82, 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

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