VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01639 Package ID: USCOURTS-cofc-1_16-vv-01639 Petitioner: Doreen Dileo Filed: 2016-12-13 Decided: 2018-10-30 Vaccine: influenza Vaccination date: 2015-10-22 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 21814 AI-assisted case summary: On December 13, 2016, Doreen Dileo filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination received on October 22, 2015, and that she experienced residual effects from the GBS for more than six months. The respondent denied that the vaccination caused petitioner's alleged GBS or any other injury. The parties, maintaining their respective positions, reached a joint stipulation to settle the case. The stipulation awarded Doreen Dileo a lump sum of $21,814.50, payable by check to the petitioner. This amount represents all damages available under 42 U.S.C. § 300aa-15(a). Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered in accordance with its terms. The decision was issued on October 30, 2018. Petitioner was represented by Nancy R. Meyers, and respondent was represented by Ilene C. Albala. Theory of causation field: Petitioner Doreen Dileo filed a petition on December 13, 2016, alleging Guillain-Barré Syndrome (GBS) following an influenza vaccination on October 22, 2015, with residual effects lasting over six months. Respondent denied causation. The parties entered into a joint stipulation for settlement, agreeing to an award of $21,814.50. Special Master Thomas L. Gowen approved the stipulation on October 30, 2018. The public decision does not describe the specific theory of causation, medical experts, clinical details, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner's counsel was Nancy R. Meyers, and respondent's counsel was Ilene C. Albala. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01639-0 Date issued/filed: 2018-10-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/3/2018) regarding 45 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01639-UNJ Document 53 Filed 10/30/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 3, 2018 * * * * * * * * * * * * * DOREEN DILEO, * UNPUBLISHED * Petitioner, * No. 16-1639V * v. * Special Master Gowen * SECRETARY OF HEALTH * Joint Stipulation; Influenza (“Flu”) AND HUMAN SERVICES, * Vaccination; Guillain-Barré * Syndrome (“GBS”). Respondent. * * * * * * * * * * * * * * Nancy R. Meyers, Greensboro, NC, for petitioner. Ilene C. Albala, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 13, 2016, Doreen Dileo (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner received an influenza (“flu”) vaccination on October 22, 2015. Petitioner alleged that she suffered Guillain-Barré Syndrome (“GBS”) as a result of receiving the flu vaccination, and that she suffered the residual effects of this alleged injury for more than six months. On October 3, 2018, respondent filed a joint stipulation providing that a decision should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 44). Respondent denies that the flu vaccination caused petitioner’s alleged GBS or any other injury or her current condition. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree 1 Because this decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the website of the United States Court of Federal Claims, pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012). The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:16-vv-01639-UNJ Document 53 Filed 10/30/18 Page 2 of 7 that the issues between them shall be settled and that a decision should be entered awarding compensation to petitioner according to the terms of the joint stipulation attached hereto as Appendix A. The joint stipulation awards a lump sum of $21,814.50 in the form of a check payable to petitioner. This amount represents all damages that would be available under 42 U.S.C. § 300aa-15(a). I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties jointly or separately filing notice renouncing their right to seek review. 2 Case 1:16-vv-01639-UNJ Document 53 Filed 10/30/18 Page 3 of 7 Case 1:16-vv-01639-UNJ Document 53 Filed 10/30/18 Page 4 of 7 Case 1:16-vv-01639-UNJ Document 53 Filed 10/30/18 Page 5 of 7 Case 1:16-vv-01639-UNJ Document 53 Filed 10/30/18 Page 6 of 7 Case 1:16-vv-01639-UNJ Document 53 Filed 10/30/18 Page 7 of 7