VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01307
Package ID: USCOURTS-cofc-1_16-vv-01307
Petitioner: Thomas P. Kelleher
Filed: 2016-10-11
Decided: 2022-02-22
Vaccine: influenza
Vaccination date: 2015-12-29
Condition: Guillain Barré syndrome
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
On October 11, 2016, Thomas P. Kelleher filed a petition alleging that an influenza vaccine administered on December 29, 2015, caused him to develop Guillain Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's GBS or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. The parties reached a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The stipulation provided for a lump sum payment of $85,000.00 to petitioner for all damages. Petitioner was represented by Nancy R. Meyers of Turning Point Litigation, and respondent was represented by Ronalda E. Kosh of the U.S. Department of Justice. Judgment was entered in accordance with the terms of the stipulation.

Theory of causation field:
Petitioner Thomas P. Kelleher alleged that an influenza vaccine administered on December 29, 2015, caused him to develop Guillain Barré syndrome (GBS). Respondent denied causation. The parties filed a stipulation recommending an award of compensation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $85,000.00 in a lump sum for all damages. The decision was based on the stipulation filed on January 25, 2022, and judgment was entered on February 22, 2022. Petitioner was represented by Nancy R. Meyers, and respondent by Ronalda E. Kosh.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01307-2
Date issued/filed: 2022-02-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/26/2022) regarding 97 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made.
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Case 1:16-vv-01307-UNJ Document 101 Filed 02/22/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 26, 2022
* * * * * * * * * * * * * *
THOMAS P. KELLEHER, * UNPUBLISHED
*
Petitioner, * No. 16-1307V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine;
* Guillain Barré Syndrome (“GBS”).
Respondent. *
*
* * * * * * * * * * * * * *
Nancy R. Meyers, Turning Point Litigation, Greensboro, NC, for petitioner.
Ronalda E. Kosh, U.S. Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On October 11, 2016, Thomas P. Kelleher (“petitioner”) filed a petition in the National
Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”)
vaccine administered on December 29, 2015, he developed Guillain Barré syndrome (“GBS”).
Petition at 1 (ECF No. 1).
On January 25, 2022, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 62). Respondent denies that the flu vaccine
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required 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). This means the Decision will
be available to anyone with access to the Internet. 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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.
1

Case 1:16-vv-01307-UNJ Document 101 Filed 02/22/22 Page 2 of 7
caused petitioner’s GBS, or any other injury; and denies his current condition is a sequelae of a
vaccine-related injury. Id. at ¶ 6. 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.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $85,000.00 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). Stipulation at ¶ 8.
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/Nora Beth Dorsey
Nora Beth Dorsey
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

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