VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01572 Package ID: USCOURTS-cofc-1_16-vv-01572 Petitioner: Joseph J. Pass Filed: 2017-06-02 Decided: 2018-05-08 Vaccine: influenza Vaccination date: 2014-10-17 Condition: Guillain-Barré Syndrome (“GBS”) Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Joseph J. Pass filed a petition for compensation under the National Vaccine Injury Compensation Program on June 2, 2017, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on October 17, 2014. Mr. Pass asserted that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his condition. The respondent denied that the flu vaccine caused or significantly aggravated his alleged injury or any other injury, and denied that petitioner's current disabilities were the result of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on June 2, 2017, 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. Mr. Pass was awarded a lump sum of $200,000.00, payable to him, as compensation for all damages. The decision was issued on May 8, 2018. Petitioner's counsel was Edward H. Walter of Jubelirer Pass & Intrieri, P.C., and respondent's counsel was Darryl R. Wishard of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the specific mechanism of causation. Theory of causation field: Joseph J. Pass filed a petition alleging Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on October 17, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $200,000.00 for all damages. The specific theory of causation, medical experts, or detailed factual basis for the stipulation are not described in the public decision. The decision was issued on May 8, 2018, with the petition filed on June 2, 2017. Petitioner's counsel was Edward H. Walter, and respondent's counsel was Darryl R. Wishard. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01572-1 Date issued/filed: 2018-05-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/02/2017) regarding 24 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01572-UNJ Document 34 Filed 05/08/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1572V Filed: June 2, 2017 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * JOSEPH J. PASS, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Guillain-Barré * Syndrome (“GBS”); Special Processing SECRETARY OF HEALTH * Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Edward H. Walter, Jubelirer Pass & Intrieri, P.C., Pittsburgh, PA, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On November 28, 2016, Joseph J. Pass (“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 he suffered Guillain- Barré Syndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccine on October 17, 2014. Pet. at 1; Stip., filed June 2, 2017, at ¶¶ 1, 2, 4. Petitioner further asserts that the vaccine was administered in the United States, that he experienced the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of his condition. Pet. at ¶¶ 2, 13-15; Stip. at ¶¶ 3-5. Respondent denies that the flu vaccine either caused or significantly aggravated petitioner’s alleged injury or any other injury, and denies that petitioner’s current disabilities are the result of a vaccine-related injury. Stip. 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-01572-UNJ Document 34 Filed 05/08/18 Page 2 of 7 Nevertheless, on June 2, 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 $200,000.00 in the form of a check payable to petitioner, Joseph J. Pass. Stip. at ¶ 8. This amount represents compensation for all 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-01572-UNJ Document 34 Filed 05/08/18 Page 3 of 7 Case 1:16-vv-01572-UNJ Document 34 Filed 05/08/18 Page 4 of 7 Case 1:16-vv-01572-UNJ Document 34 Filed 05/08/18 Page 5 of 7 Case 1:16-vv-01572-UNJ Document 34 Filed 05/08/18 Page 6 of 7 Case 1:16-vv-01572-UNJ Document 34 Filed 05/08/18 Page 7 of 7