VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01570
Package ID: USCOURTS-cofc-1_16-vv-01570
Petitioner: Laura Winters
Filed: 2017-11-20
Decided: 2017-11-20
Vaccine: influenza
Vaccination date: 2014-11-19
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 101201

AI-assisted case summary:
Laura Winters filed a petition alleging that she suffered from Guillain-Barré Syndrome (GBS) caused by an influenza vaccine she received on November 19, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition. Despite the denial, the parties reached a settlement agreement to resolve the case. The Special Master found the terms of the stipulation to be reasonable and adopted them. Ms. Winters was awarded a total of $101,201.50 in compensation. This amount included $100,000.00 for all damages and $1,201.50 to reimburse a lien for services rendered on her behalf. The award was to be paid via checks, with one check for the full damages amount made payable to Ms. Winters, and the other for the lien amount made payable jointly to Ms. Winters and the Commonwealth of Massachusetts. Petitioner was represented by Howard S. Gold, and respondent was represented by Christine M. Becer. The decision was issued by Special Master Laura D. Millman on November 20, 2017.

Theory of causation field:
Petitioner Laura Winters alleged that she suffered from Guillain-Barré Syndrome (GBS) caused by an influenza vaccine received on November 19, 2014. Respondent denied causation. The parties reached a stipulation to settle the case. The Special Master adopted the stipulation, awarding $101,201.50, comprising $100,000.00 for all damages and $1,201.50 for reimbursement of a lien. The decision was issued by Special Master Laura D. Millman on November 20, 2017. Petitioner's counsel was Howard S. Gold, and respondent's counsel was Christine M. Becer. The public text does not describe the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01570-0
Date issued/filed: 2017-12-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/20/2017) regarding 21 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01570-UNJ Document 26 Filed 12/15/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1570V
Filed: November 20, 2017
Not for Publication
*************************************
LAURA WINTERS, *
*
Petitioner, *
*
Damages decision based on
v. *
stipulation; influenza ("flu") vaccine;
*
Guillain-Barré Syndrome ("GBS")
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Howard S. Gold, Wellesley Hills, MA, for petitioner.
Christine M. Becer, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On November 17, 2017, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that she suffered from
Guillain-Barré Syndrome (“GBS”) that was caused by her receipt of influenza (“flu”) vaccine on
November 19, 2014. Respondent denies that the flu vaccine caused petitioner to suffer GBS or
any other injury or her current condition. Nonetheless, the parties agreed to resolve this matter
informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:16-vv-01570-UNJ Document 26 Filed 12/15/17 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$101,201.50, representing compensation for all damages ($100,000.00) and reimbursement of a
lien for services rendered on behalf of petitioner ($1,201.50), representing all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). The award
shall be in the form of a check for $100,000.00 made payable to petitioner and a check for
$1,201.50 made payable jointly to petitioner and
Commonwealth of Massachusetts-CRU
Commonwealth of MA
Casualty Recovery
P.O. Box 417811
Boston, MA 02241
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.2
IT IS SO ORDERED.
Dated: November 20, 2017 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:16-vv-01570-UNJ Document 26 Filed 12/15/17 Page 3 of 7

Case 1:16-vv-01570-UNJ Document 26 Filed 12/15/17 Page 4 of 7

Case 1:16-vv-01570-UNJ Document 26 Filed 12/15/17 Page 5 of 7

Case 1:16-vv-01570-UNJ Document 26 Filed 12/15/17 Page 6 of 7

Case 1:16-vv-01570-UNJ Document 26 Filed 12/15/17 Page 7 of 7