VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01314 Package ID: USCOURTS-cofc-1_16-vv-01314 Petitioner: Evelyn Nguyen Filed: 2018-03-06 Decided: 2018-04-02 Vaccine: influenza Vaccination date: 2014-09-04 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 135000 AI-assisted case summary: On October 11, 2016, Thaihoa Huynh and Cuong Nguyen filed a petition on behalf of their minor child, Evelyn Nguyen, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Evelyn Nguyen suffered from Guillain-Barré syndrome (GBS) as a result of an Influenza ("flu") vaccine she received on September 4, 2014. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's GBS. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on March 6, 2018. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded Evelyn Nguyen a lump sum of $135,000.00, payable by check to Petitioner, as compensation for all damages. The decision was issued on April 2, 2018. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, and Respondent was represented by Camille Michelle Collett of the U.S. Dep’t of Justice. Theory of causation field: Petitioner alleged Guillain-Barré syndrome (GBS) following an Influenza ("flu") vaccine administered on September 4, 2014. Respondent denied causation. The parties reached a settlement via stipulation, agreeing to an award of $135,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The case was decided by Special Master Brian H. Corcoran on April 2, 2018, with Petitioner represented by Edward M. Kraus and Respondent by Camille Michelle Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01314-0 Date issued/filed: 2018-04-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/6/2018) Regarding 23 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01314-UNJ Document 24 Filed 04/02/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1314V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * EVELYN NGUYEN, * Special Master Corcoran * * Petitioner, * Filed: March 6, 2018 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Guillain-Barré syndrome (“GBS”); AND HUMAN SERVICES, * Influenza (“flu”) Vaccine. * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner. Camille Michelle Collett, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 11, 2016, Thaihoa Huynh and Cuong Nguyen filed a petition on behalf of their minor child, Evelyn Nguyen, seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”)2 (the case caption was subsequently changed after Ms. Nguyen’s eighteenth birthday). Petitioner alleges that she suffered from Guillain-Barré syndrome (“GBS”) as a result of her September 4, 2014, Influenza (“flu”) vaccine. 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa- 12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Case 1:16-vv-01314-UNJ Document 24 Filed 04/02/18 Page 2 of 7 Respondent denies that the flu vaccine caused Petitioner’s GBS. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on March 6, 2018) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $135,000.00, in the form of a check payable to Petitioner, Ms. Evelyn Nguyen. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:16-vv-01314-UNJ Document 24 Filed 04/02/18 Page 3 of 7 Case 1:16-vv-01314-UNJ Document 24 Filed 04/02/18 Page 4 of 7 Case 1:16-vv-01314-UNJ Document 24 Filed 04/02/18 Page 5 of 7 Case 1:16-vv-01314-UNJ Document 24 Filed 04/02/18 Page 6 of 7 Case 1:16-vv-01314-UNJ Document 24 Filed 04/02/18 Page 7 of 7