VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01175 Package ID: USCOURTS-cofc-1_16-vv-01175 Petitioner: Andrew Hough Filed: 2017-06-28 Decided: 2018-04-05 Vaccine: influenza Vaccination date: 2014-11-04 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 190000 AI-assisted case summary: Andrew Hough filed a petition for compensation under the National Vaccine Injury Compensation Program on September 21, 2016, alleging that he suffered Guillain-Barre Syndrome (GBS) caused by his November 4, 2014 influenza vaccination. He further alleged that he suffered residual effects for more than six months and that there had been no prior award or settlement for his condition. The respondent denied that the flu vaccine caused his GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on June 28, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Andrew Hough was awarded a lump sum of $190,000.00 as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Lawrence R. Cohan of Anapol Weiss, and respondent was represented by Glenn Alexander MacLeod of the U.S. Department of Justice. Theory of causation field: Petitioner Andrew Hough alleged that his November 4, 2014 influenza vaccination caused Guillain-Barre Syndrome (GBS), with residual effects lasting more than six months. 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 a lump sum award of $190,000.00 for all items of damages. The specific theory of causation, medical evidence, expert testimony, and mechanism of injury are not detailed in the provided public decision text. Petitioner counsel was Lawrence R. Cohan, and respondent counsel was Glenn Alexander MacLeod. The decision date was April 5, 2018, based on a stipulation filed June 28, 2017. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01175-1 Date issued/filed: 2018-04-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/28/2017) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01175-UNJ Document 33 Filed 04/05/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1175V Filed: June 28, 2017 UNPUBLISHED ANDREW HOUGH, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On September 21, 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 he suffered Guillain-Barre Syndrome (“GBS”) caused by his November 4, 2014 influenza (“flu”) vaccination. Petition at 1-2; Stipulation, filed June 28, 2017, at ¶ 4. Petitioner further alleges that he suffered the residual effects of this injury for more than six months and that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Petition at 5-6; Stipulation at ¶¶ 4-5. “Respondent denies that the flu vaccine caused petitioner’s alleged GBS or any other injury and further denies that his current disabilities are a sequela of a vaccine-related injury. ” Stipulation at ¶ 6. 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-01175-UNJ Document 33 Filed 04/05/18 Page 2 of 7 Nevertheless, on June 28, 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. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $190,000.00 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-01175-UNJ Document 33 Filed 04/05/18 Page 3 of 7 Case 1:16-vv-01175-UNJ Document 33 Filed 04/05/18 Page 4 of 7 Case 1:16-vv-01175-UNJ Document 33 Filed 04/05/18 Page 5 of 7 Case 1:16-vv-01175-UNJ Document 33 Filed 04/05/18 Page 6 of 7 Case 1:16-vv-01175-UNJ Document 33 Filed 04/05/18 Page 7 of 7