VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01197 Package ID: USCOURTS-cofc-1_16-vv-01197 Petitioner: Leon Klempner Filed: 2016-09-26 Decided: 2018-01-08 Vaccine: influenza Vaccination date: 2013-06-27 Condition: Guillain-Barré syndrome and peripheral neuropathy Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Leon Klempner filed a petition on September 26, 2016, alleging that the influenza vaccine he received on June 27, 2013, caused him to suffer Guillain-Barré syndrome and peripheral neuropathy. He further alleged that he suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated his injuries. The parties filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court. Leon Klempner was awarded a lump sum payment of $50,000.00, payable by check, representing compensation for all damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. The attorneys involved were Robert J. Krakow for the petitioner and Ilene C. Albala for the respondent. Theory of causation field: Petitioner Leon Klempner alleged that an influenza vaccine received on June 27, 2013, caused Guillain-Barré syndrome (GBS) and peripheral neuropathy, with residual effects lasting more than six months. The influenza vaccine is listed in the Vaccine Injury Table. Respondent denied causation. The parties reached a joint stipulation for compensation, which Special Master Christian J. Moran adopted. The award was a $50,000.00 lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or diagnostic findings. Attorneys for the parties were Robert J. Krakow and Ilene C. Albala. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01197-0 Date issued/filed: 2018-01-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/13/2017) regarding 37 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01197-UNJ Document 40 Filed 01/08/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * LEON KLEMPNER, * * No. 16-1197V Petitioner, * Special Master Christian J. Moran * v. * Filed: December 13, 2017 * SECRETARY OF HEALTH * Stipulation; Influenza (“flu”) vaccine; AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”); * peripheral neuropathy. * Respondent. * * * * * * * * * * * * * * * * * * * * * * Robert J. Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for Petitioner; Ilene C. Albala, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On December 12, 2017, the parties filed a joint stipulation concerning the petition for compensation filed by Leon Klempner on September 26, 2016. Petitioner alleged that the influenza (“flu”) vaccine he received on June 27, 2013, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer Guillain-Barré syndrome and peripheral neuropathy. Petitioner further alleged that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:16-vv-01197-UNJ Document 40 Filed 01/08/18 Page 2 of 7 Respondent denies that the flu vaccine either caused or significantly aggravated petitioner’s alleged injuries or any other injury, and denies that petitioner's current disabilities are the result of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $50,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 16-1197V according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:16-vv-01197-UNJ Document 40 Filed 01/08/18 Page 3 of 7 Case 1:16-vv-01197-UNJ Document 40 Filed 01/08/18 Page 4 of 7 Case 1:16-vv-01197-UNJ Document 40 Filed 01/08/18 Page 5 of 7 Case 1:16-vv-01197-UNJ Document 40 Filed 01/08/18 Page 6 of 7 Case 1:16-vv-01197-UNJ Document 40 Filed 01/08/18 Page 7 of 7