VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01562 Package ID: USCOURTS-cofc-1_16-vv-01562 Petitioner: Virginia Vahle Filed: 2017-09-27 Decided: 2018-06-06 Vaccine: influenza Vaccination date: Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 120000 AI-assisted case summary: Virginia Vahle filed a petition for compensation under the National Vaccine Injury Compensation Program on November 22, 2016, alleging that she suffered Guillain-Barre Syndrome (GBS) following the administration of an influenza vaccine. The petition stated that the flu immunization was administered within the United States, that there had been no prior award or settlement of a civil action for damages on her behalf as a result of her condition, and that her vaccine-related injuries had lasted more than six months. The respondent denied that the flu vaccine caused petitioner to suffer GBS, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), or any other injury or condition. On September 25, 2017, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Virginia Vahle was awarded a lump sum of $120,000.00, payable by check to the petitioner. This amount represents compensation for all items of damages available under the Vaccine Act. The decision was issued on June 6, 2018. Petitioner was represented by Anne Carrion Toale of Maglio Christopher & Toale, PA, and respondent was represented by Traci R. Patton of the U.S. Department of Justice. The public decision does not describe the specific date of vaccination, the petitioner's age at vaccination, specific symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Virginia Vahle alleged Guillain-Barre Syndrome (GBS) following an influenza (flu) vaccination. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation. The award was $120,000.00 as a lump sum. The public decision does not specify the vaccination date, petitioner's age, the specific theory of causation, medical experts, or the mechanism of injury. The decision was issued on June 6, 2018, based on a petition filed November 22, 2016. Petitioner's counsel was Anne Carrion Toale, and respondent's counsel was Traci R. Patton. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01562-0 Date issued/filed: 2018-06-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/27/2017) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01562-UNJ Document 36 Filed 06/06/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1562V Filed: September 27, 2017 UNPUBLISHED VIRGINIA VAHLE, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On November 22, 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”) following the administration of an influenza (“flu”) vaccination. Petition at 1, 2; Stipulation, filed September 25, 2017, at ¶¶ 1, 4. Petitioner further alleges that the flu immunization was administered within the United States, that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition, and that petitioner’s vaccine related injuries have lasted more than six months. Petition at 2-3; Stipulation at ¶¶ 3, 5. “Respondent denies that the flu vaccine caused petitioner to suffer GBS, Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”), or any other injury or 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-01562-UNJ Document 36 Filed 06/06/18 Page 2 of 7 Nevertheless, on September 25, 2017, 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 lump sum of $120,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. 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-01562-UNJ Document 36 Filed 06/06/18 Page 3 of 7 Case 1:16-vv-01562-UNJ Document 36 Filed 06/06/18 Page 4 of 7 Case 1:16-vv-01562-UNJ Document 36 Filed 06/06/18 Page 5 of 7 Case 1:16-vv-01562-UNJ Document 36 Filed 06/06/18 Page 6 of 7 Case 1:16-vv-01562-UNJ Document 36 Filed 06/06/18 Page 7 of 7