VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01091
Package ID: USCOURTS-cofc-1_16-vv-01091
Petitioner: Georgina Russell
Filed: 2017-08-07
Decided: 2018-02-02
Vaccine: influenza
Vaccination date: 2015-09-23
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 431367

AI-assisted case summary:
Georgina Russell filed a petition for compensation under the National Vaccine Injury Compensation Program on August 7, 2017, alleging she suffered Guillain-Barré Syndrome (GBS) due to an influenza vaccine received on September 23, 2015. The respondent denied that the flu vaccine caused petitioner's alleged GBS or any other injury. 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 found the stipulation reasonable and adopted it as the decision of the court. Pursuant to the stipulation, Georgina Russell was awarded a lump sum of $431,367.18, payable to her. This amount represents compensation for all items of damages available under the Vaccine Act. The decision was issued on February 2, 2018. Petitioner was represented by Danielle A. Strait of Maglio Christopher & Toale, PA, and respondent was represented by Claudia B. Gangi of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The theory of causation is not detailed in the public decision.

Theory of causation field:
Petitioner Georgina Russell alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on September 23, 2015. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $431,367.18. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was resolved via stipulation rather than litigation on the merits.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01091-0
Date issued/filed: 2018-02-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/7/2017) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01091-UNJ Document 38 Filed 02/02/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1091V
Filed: August 7, 2017
UNPUBLISHED
GEORGINA RUSSELL,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Guillain-Barre
v.
Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Danielle A. Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Claudia B. Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On September 1, 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 September 23, 2015. Petition at 1-3;
Stipulation, filed August 4, 2017, at ¶¶ 1, 2, 4. Respondent denies that the flu vaccine
caused petitioner’s alleged GBS, any other injury, or her current disabilities. 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
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
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-01091-UNJ Document 38 Filed 02/02/18 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $431,367.18 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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