VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01527
Package ID: USCOURTS-cofc-1_16-vv-01527
Petitioner: Rosalinda Vohs
Filed: 2016-11-16
Decided: 2018-09-05
Vaccine: influenza
Vaccination date: 2015-03-10
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 548525

AI-assisted case summary:
Rosalinda Vohs filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of receiving an influenza (flu) vaccination on March 10, 2015. She further alleged that her vaccine-related injuries had lasted more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Vohs's alleged GBS or any other injury. Despite this denial, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation as its decision. Ms. Vohs was awarded a total of $548,525.56. This amount included $39,938.05 payable to petitioner and Discovery Health Partners to satisfy a Medicaid lien, and $508,587.51 payable to Ms. Vohs for all remaining damages. The stipulation stated that it represented a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act, and was not an admission by the United States that the flu vaccine caused Ms. Vohs's alleged GBS.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01527-0
Date issued/filed: 2018-09-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/17/2018) regarding 56 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01527-UNJ Document 66 Filed 09/05/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1527V
Filed: May 17, 2018
UNPUBLISHED
ROSALINDA VOHS,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Guillain-Barre
v.
Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 16, 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 receiving an influenza (flu) vaccination on March 10, 2015. Petition at 1;
Stipulation, filed May 17, 2018, at ¶ 2, 4. Petitioner further alleges that her vaccine
related injuries have lasted more than six months. Petition at 2. “Respondent denies
that the flu vaccine caused petitioner’s alleged GBS, any other injury, or her current
disabilities.” Stipulation at ¶ 6.
Nevertheless, on May 17, 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.
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-01527-UNJ Document 66 Filed 09/05/18 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
a. A lump sum of $39,938.05 in the form of a check payable to petitioner
and Discovery Health Partners, 2 Pierce Place, Suite 1900, Itasca, lL,
60143. Petitioner agrees to endorse this payment to Discovery Health
Partners. This amount represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action Discovery
Health Partners and/or Community First Health Plans may have against
any individual as a result of any Medicaid payments Community First
Health Plans has made to or on behalf of Rosalinda Vohs from the date
of her eligibility for benefits through the date of judgment in this case as
a result of her alleged vaccine-related injury suffered on or about March
25, 2015, under Title XIX of the Social Security Act; and
b. A lump sum of $508,587.51 in the form of a check payable to petitioner.
This amount represents compensation for all remaining 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.
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-01527-UNJ Document 66 Filed 09/05/18 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ROSALINDA VOHS, )
)
Petitioner, )
)
v. ) No. !6-1527V
) Chief Special Master Dorsey
SECRETARY OF HEALT H f.\ND HUMAN )
SERVICES, )
)
Respondent. )
��>�--����----�---------
STIPULATION
The parties hereby stipulate to the following matters:
I. Rosalinda Vohs, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-l 0 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § I 00.3 (a).
2. Petitioner received her flu immunization on March I 0, 2015.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu vaccine caused her alleged Guillain-Barre Syndrome
("GBS").
5. Petitioner represents that there has been no prior award or settlement ofa civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that the flu vaccine caused petitioner's alleged GBS, any other
injury, or her current disabilities.

Case 1:16-vv-01527-UNJ Document 66 Filed 09/05/18 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of$39,938.05 in the form ofa check payable to petitioner and Discovery
Health Partners, 2 Pierce Place, Suite 1900, Itasca, lL, 60143. Petitioner agrees to
endorse this payment to Discovery Health Partners. This amount represents full
satisfaction ofa ny right of subrogation, assignment, claim, lien, or cause of action
Discovery Health Partners and/or Comnlllnity First Health Plans may have against any
individual as a result of any Medicaid payments Community First Health Plans has made
to or on behalfofRosalinda Vohs from the date of her eligibility for benefits through the
date of judgment in this case as a result of her alleged ·vaccine-related injury suffered on
or about March 25, 20 I 5, under Title XIX of the Social Security Act; and
b. A lump sum of $508,587 .51 in the form of a check payable lo petitioner. This amount
represents compensation for all remaining damages that would be available under 42
U.S.C. §300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 J (a)( I), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U .S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Fcdei·al or
2

Case 1:16-vv-01527-UNJ Document 66 Filed 09/05/18 Page 5 of 7
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pre-paid basis.
l 1. Payments made pursuant to paragraphs 8 and 9 of this Stipulation will be made in
accordance with 42 U.S.C. § 300aa-l 5(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, past unreimbursable expenses, and reimbursement of the
Medicaid lien, the money provided pursuant to this Stipulation will be used solely for the benefit
of petitioner as contemplated by a strict construction of 42 U.S.C. § JOOaa� I 5(a) and (d), and
subject to the conditions of42 U.S.C. § 300aa-15(g) and (h).
I 3. In return for the payment described in paragraph 8 and any amount awarded pursuant
to paragraph 9, petitioner, in her individual capacity and on behalf of her heirs, executors,
administrators, successors or assigns, does forever irrevocably and unconditionally release,
acquit and discharge the United States and the Secretary of Health and Human Services from any
and all actions or causes of action (including agreements, judgments, claims, damages, loss of
services, expenses and all demands of whatever kind or nature) that have been brought, could
have been brought, or could be timely brought in the Court of Federal Claims, under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I 0 et seq., on account of, or in any
way growing out of, any and all known or unknown, suspected or unsuspected personal injuries
to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination
administered on March I 0, 2015, as alleged by petitioner in a petition for vaccine compensation
filed on or about November 16, 2016, in the United States Court of Federal Claims as petition
No. 16-1527Y.
3

Case 1:16-vv-01527-UNJ Document 66 Filed 09/05/18 Page 6 of 7
14. If petitioner should die prior to entry ofjudgrncnt, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court ofFederal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of I 986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflects a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that flu vaccine caused petitioner's alleged GBS, any
other injury, or her current disabilities.
18. All rights and obligations ofp etitioner hereunder shall apply equally to petitioner' s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
I
I
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Case 1:16-vv-01527-UNJ Document 66 Filed 09/05/18 Page 7 of 7
Respectfully submitted,
PETITIONER: .,
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ROSALIND/\ VO! IS
A UTI I 0 HI ZED IlEPRES ENT ATIYE
OE THE ATTORNEY GENERAL:
DIANA DE AS !NE E. REEVES
MAGLIO CHRISTOPHER & Deputy Director
TOALE, PA Torts Branch
1605 Main Street, Suite 710 Civil Division
Sarasota, FL 34236 U.S. Department of Justice
(888) 952-5242 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETA RY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
CLA�'
Senior Trial Attorney
Torts Branch
Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4138
!),. 1 g
Dated: f /
-
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