VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01295 Package ID: USCOURTS-cofc-1_16-vv-01295 Petitioner: Glen A. Hein Filed: 2016-10-07 Decided: 2018-08-06 Vaccine: influenza Vaccination date: 2013-10-10 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 5000 AI-assisted case summary: Glen A. Hein filed a petition on October 7, 2016, alleging that the influenza vaccine he received on October 10, 2013, caused him to develop Guillain-Barré Syndrome (GBS) and experience residual effects for more than six months. The parties, Glen A. Hein and the Secretary of Health and Human Services, filed a joint stipulation on August 6, 2018, agreeing to an award of compensation. Respondent denied that the flu vaccine caused Mr. Hein's GBS or any other injury, but stipulated to the terms of the award. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Mr. Hein was awarded a lump sum of $5,000.00 for all damages available under the National Vaccine Injury Compensation Program. The parties waived their right to seek review, and judgment was entered accordingly. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Howard Scott Gold, and respondent counsel was Robert Paul Coleman, III. Theory of causation field: Petitioner Glen A. Hein alleged that the influenza vaccine administered on October 10, 2013, caused Guillain-Barré Syndrome (GBS) and residual effects lasting over six months. The parties filed a joint stipulation for award on August 6, 2018. Respondent denied causation but agreed to the stipulation. Special Master Herbrina Sanders approved the stipulation, finding it reasonable. Petitioner was awarded $5,000.00 as a lump sum for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner counsel was Howard Scott Gold, and respondent counsel was Robert Paul Coleman, III. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01295-0 Date issued/filed: 2018-09-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/06/2018) regarding 44 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (ac) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01295-UNJ Document 47 Filed 09/06/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 6, 2018 * * * * * * * * * * * * * * GLEN A. HEIN, * No. 16-1295V * Petitioner, * Special Master Sanders * v. * * Stipulation for Award; Influenza (“flu”) SECRETARY OF HEALTH * Vaccine; Guillain-Barré Syndrome (“GBS”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner. Robert Paul Coleman, III, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On October 7, 2016, Glen A. Hein (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the influenza (“flu”) vaccine he received on October 10, 2013 caused him to suffer from Guillain-Barré Syndrome (“GBS”). See Stip. at 1, ECF No. 43. Petitioner further alleged that he experienced residual effects of his injury for more than six months. Id. On August 6, 2018, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Id. Respondent denies that the flu vaccine caused Petitioner’s alleged GBS, or any other injury. Id. at 2. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. 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 This decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Hereafter, 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-01295-UNJ Document 47 Filed 09/06/18 Page 2 of 7 The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $5,000.00, in the form of a check payable to [P]etitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at 2. The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:16-vv-01295-UNJ Document 47 Filed 09/06/18 Page 3 of 7 Case 1:16-vv-01295-UNJ Document 47 Filed 09/06/18 Page 4 of 7 Case 1:16-vv-01295-UNJ Document 47 Filed 09/06/18 Page 5 of 7 Case 1:16-vv-01295-UNJ Document 47 Filed 09/06/18 Page 6 of 7 Case 1:16-vv-01295-UNJ Document 47 Filed 09/06/18 Page 7 of 7