VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01203
Package ID: USCOURTS-cofc-1_16-vv-01203
Petitioner: Raymond Howell
Filed: 2016-07-15
Decided: 2018-12-13
Vaccine: influenza
Vaccination date: 2014-12-16
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 10000

AI-assisted case summary:
Raymond Howell, through his personal representative Erika Boyer, filed a petition on July 15, 2016, alleging that an influenza vaccine administered on December 16, 2014, caused him to develop Guillain-Barré syndrome (GBS). The petition stated that Mr. Howell suffered residual effects of the GBS for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Howell's GBS or any other injury or death. Mr. Howell passed away on July 14, 2017, from coronary artery disease, diabetes mellitus, and hydrocephalus; his death was not attributed to the vaccine injury. The parties reached a joint stipulation, which Special Master Christian J. Moran found reasonable and adopted as the decision of the Court. The stipulation awarded Mr. Howell's estate a lump sum payment of $10,000.00, payable to Erika Boyer as the legal representative of the Estate of Raymond Howell. This amount was intended as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The petition was filed on July 15, 2016, and the stipulation was filed on December 13, 2018. The decision was issued on December 18, 2018. Petitioner counsel was Howard S. Gold of Gold Law Firm, LLC, and respondent counsel was Althea W. Davis of the United States Department of Justice.

Theory of causation field:
Petitioner alleged that the influenza vaccine received on December 16, 2014, caused Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation, which the Special Master adopted. The stipulation awarded $10,000.00 for all damages. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed medical evidence presented. The theory of causation is based on the Vaccine Injury Table. Petitioner was represented by Howard S. Gold, and Respondent by Althea W. Davis. Special Master Christian J. Moran issued the decision on December 18, 2018, adopting the stipulation filed December 13, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01203-0
Date issued/filed: 2019-01-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/18/18) regarding 49 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
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Case 1:16-vv-01203-UNJ Document 50 Filed 01/15/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ERIKA BOYER, as Personal *
Representative of the Estate of *
RAYMOND HOWELL, *
* No. 16-1203V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: December 18, 2018
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”)
*
Respondent. *
* * * * * * * * * * * * * * * * * * * **
Howard S. Gold, Gold Law Firm, LLC, for Petitioner;
Althea W. Davis, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On December 13, 2018, the parties filed a joint stipulation concerning the
petition for compensation filed by Raymond Howell on July 15, 2016, which was
continued by Erika Boyer on Mr. Howell’s behalf after his passing. The petition
alleged that the influenza (“flu”) vaccine Mr. Howell received on December 16,
2014, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), caused him to suffer Guillain-Barré syndrome. Petitioner further alleges
that Mr. Howell suffered the residual effects of this injury for more than six
months. Petitioner does not claim that the vaccine caused Mr. Howell’s death on
July 14, 2017, and stipulation states that he died due to coronary artery disease,
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-01203-UNJ Document 50 Filed 01/15/19 Page 2 of 2
diabetes mellitus, and hydrocephalus. Petitioner represents that there has been no
prior award or settlement of a civil action for damages on Mr. Howell’s behalf as a
result of his condition.
Respondent denies that the influenza vaccine caused Mr. Howell to suffer
Guillain-Barré syndrome, any other injury, or death.
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 $10,000.00 in the form of a check payable to
petitioneras the legal representative of the Estate of Raymond Howell.
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 16-1203V 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