VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01595 Package ID: USCOURTS-cofc-1_16-vv-01595 Petitioner: George J. Stippich, III Filed: 2016-12-01 Decided: 2018-12-12 Vaccine: influenza Vaccination date: 2015-12-09 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 257089 AI-assisted case summary: George J. Stippich, III filed a petition for compensation under the National Vaccine Injury Compensation Program on December 1, 2016, alleging that he suffered Guillain-Barre Syndrome (GBS) caused by his influenza vaccination on December 9, 2015. He stated that the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that he had no prior award or settlement for his injury. Respondent denied that the flu vaccine caused his GBS or any other injury. Despite the denial, the parties filed a joint stipulation on October 11, 2018, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as the decision of the Court. The award included a lump sum of $257,089.16 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, payable to the petitioner. Additionally, an amount sufficient to purchase an annuity contract was awarded for future needs, paid to a life insurance company. This award represented compensation for all items of damages available under the Vaccine Act. The decision was issued on December 12, 2018. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01595-0 Date issued/filed: 2018-12-12 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 10/12/2018) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01595-UNJ Document 52 Filed 12/12/18 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1595V Filed: October 12, 2018 UNPUBLISHED GEORGE J. STIPPICH, III, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Andrew Mark Krueger, Krueger & Hernandez S.C., Middleton, WI, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On December 1, 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 he suffered Guillain-Barre Syndrome (“GBS”) that was caused-in-fact by his December 9, 2015 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed October 11, 2018, at ¶¶ 2, 4. Petitioner further alleges that the vaccine was administered within the United States, that he suffered 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 on his behalf as a result of his injury. Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner to suffer from GBS, or any other injury, or his current condition.” Stipulation at ¶ 6. Nevertheless, on October 11, 2018, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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-01595-UNJ Document 52 Filed 12/12/18 Page 2 of 9 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 $257,089.16, which amount represents compensation for first year life care expenses ($45,600.99), lost earnings ($35,288.17), pain and suffering ($175,000.00), and past unreimbursable expenses ($1,200.00) in the form of a check payable to petitioner; and, b) An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached Stipulation, paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company"). 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-01595-UNJ Document 52 Filed 12/12/18 Page 3 of 9 Case 1:16-vv-01595-UNJ Document 52 Filed 12/12/18 Page 4 of 9 Case 1:16-vv-01595-UNJ Document 52 Filed 12/12/18 Page 5 of 9 Case 1:16-vv-01595-UNJ Document 52 Filed 12/12/18 Page 6 of 9 Case 1:16-vv-01595-UNJ Document 52 Filed 12/12/18 Page 7 of 9 Case 1:16-vv-01595-UNJ Document 52 Filed 12/12/18 Page 8 of 9 Case 1:16-vv-01595-UNJ Document 52 Filed 12/12/18 Page 9 of 9