VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01416 Package ID: USCOURTS-cofc-1_16-vv-01416 Petitioner: Terry E. Christopher Filed: 2016-10-27 Decided: 2018-10-10 Vaccine: influenza Vaccination date: 2013-11-22 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 345000 AI-assisted case summary: Terry E. Christopher filed a petition for compensation under the National Vaccine Injury Compensation Program on October 27, 2016, alleging Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on November 22, 2013. The petitioner stated that the vaccine was administered in the United States, that the injury resulted in residual effects lasting more than six months, and that no prior civil action had been settled or awarded. Respondent denied that the alleged GBS and its residual effects were caused-in-fact by the flu vaccine. Despite the denial, the parties filed a joint stipulation on July 3, 2018, agreeing to an award of compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. The award included $157,027.38 for past medical expenses payable to petitioner and VCU Health, $2,431.50 for past medical expenses payable to petitioner and MCV Physicians, and $185,500.00 to petitioner for all remaining damages. The total compensation awarded was $345,000. Judgment was to be entered in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01416-0 Date issued/filed: 2018-10-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/03/2018) regarding 46 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01416-UNJ Document 57 Filed 10/10/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1416V Filed: July 3, 2018 UNPUBLISHED TERRY E. CHRISTOPHER, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson, P.C., Richmond, VA, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 27, 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 she suffered Guillain-Barre Syndrome (“GBS”) as a result of her November 22, 2013 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed July 3, 2018, at ¶¶ 2, 4. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 28- 29. “Respondent denies that petitioner’s alleged GBS and its residual effects were caused-in-fact by her flu vaccine. Respondent further denies that the vaccine caused petitioner any other injury or her current condition.” Stipulation at ¶ 6. 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-01416-UNJ Document 57 Filed 10/10/18 Page 2 of 7 Nevertheless, on July 3, 2018, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: a. A lump sum of $157,027.38, representing the balance due on petitioner’s past incurred medical expenses, in the form of a check payable jointly to petitioner and VCU Health. Petitioner agrees to endorse this payment to VCU Health; b. A lump sum of $2,431.50, representing the balance due on petitioner’s past incurred medical expenses, in the form of a check payable jointly to petitioner and MCV Physicians. Petitioner agrees to endorse this payment to MCV Physicians; and c. A lump sum of $185,500.00, in the form of a check payable to petitioner. This amount represent compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a). 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 Case 1:16-vv-01416-UNJ Document 57 Filed 10/10/18 Page 3 of 7 Case 1:16-vv-01416-UNJ Document 57 Filed 10/10/18 Page 4 of 7 Case 1:16-vv-01416-UNJ Document 57 Filed 10/10/18 Page 5 of 7 Case 1:16-vv-01416-UNJ Document 57 Filed 10/10/18 Page 6 of 7 Case 1:16-vv-01416-UNJ Document 57 Filed 10/10/18 Page 7 of 7