VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01260
Package ID: USCOURTS-cofc-1_16-vv-01260
Petitioner: Anthony Irwin
Filed: 2017-03-28
Decided: 2017-11-30
Vaccine: influenza
Vaccination date: 2013-10-07
Condition: Guillain-Barre Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 111331

AI-assisted case summary:
Anthony Irwin filed a petition for compensation under the National Vaccine Injury Compensation Program on March 28, 2017. He alleged that he suffered Guillain-Barre Syndrome (GBS) caused by his October 7, 2013 influenza vaccination. Mr. Irwin further alleged that he experienced residual effects of his condition for more than six months and that there had been no prior award or settlement of a civil action for damages. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused petitioner's alleged GBS or any other injuries. Despite the denial, the parties filed a joint stipulation on March 28, 2017, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Anthony Irwin was awarded a lump sum of $111,331.83, representing compensation for all items of damages available under the Vaccine Act. The decision was based on this joint stipulation. Petitioner was represented by John Robert Howie, Jr. of Howie Law, PC, and respondent was represented by Daniel Anthony Principato of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Anthony Irwin alleged that his October 7, 2013 influenza vaccination caused Guillain-Barre Syndrome (GBS). The respondent denied this allegation. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not detail the specific theory of causation, mechanism, or expert testimony. Anthony Irwin was awarded $111,331.83 as a lump sum. Chief Special Master Nora Beth Dorsey issued the decision on November 30, 2017, based on the joint stipulation. Petitioner's counsel was John Robert Howie, Jr., and respondent's counsel was Daniel Anthony Principato.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01260-0
Date issued/filed: 2017-11-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/28/2017) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01260-UNJ Document 31 Filed 11/30/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1260V
Filed: March 28, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANTHONY IRWIN, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 4, 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 October 7, 2013 influenza vaccination. Petition at 1; Stipulation, filed
March 28, 2017, at ¶ 4. Petitioner further alleges he experienced residual effects of his
condition for more than six months and that there has been no prior award or settlement
of a civil action for damages as a result of his condition. Petition at 8; Stipulation at ¶¶
4-5. “Respondent denies that the flu immunization is the cause of petitioner’s alleged
GBS, and/or any other injuries.” Stipulation at ¶ 6.
Nevertheless, on March 28, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-01260-UNJ Document 31 Filed 11/30/17 Page 2 of 7
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 $111,331.83 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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