VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01641 Package ID: USCOURTS-cofc-1_16-vv-01641 Petitioner: Donna Worcester Filed: 2016-12-13 Decided: 2021-09-07 Vaccine: influenza Vaccination date: 2014-10-22 Condition: Guillain Barre syndrome Outcome: compensated Award amount USD: 150248 AI-assisted case summary: Donna Worcester filed a petition for compensation under the National Vaccine Injury Program on December 13, 2016, alleging that an influenza vaccine administered on October 22, 2014, caused her to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her alleged injuries. The parties, represented by counsel Randy M. Hitchcock for the petitioner and Althea W. Davis for the respondent, reached a stipulation for an award. On September 7, 2021, Special Master Thomas L. Gowen adopted the stipulation, which settled the issues between the parties. The stipulation provided for a lump sum payment of $150,248.44, payable to Ms. Worcester via check, to compensate for all damages. Judgment was entered in accordance with the terms of the stipulation. Theory of causation field: Petitioner Donna Worcester received an influenza vaccine on October 22, 2014, and subsequently alleged developing Guillain-Barré syndrome (GBS) as a result. The respondent denied causation. The parties reached a stipulation for award, settling the case without a determination of causation. Special Master Thomas L. Gowen adopted the stipulation on September 7, 2021. The award was a lump sum of $150,248.44. Petitioner counsel was Randy M. Hitchcock, and respondent counsel was Althea W. Davis. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01641-0 Date issued/filed: 2021-10-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/07/2021) regarding 96 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01641-UNJ Document 99 Filed 10/06/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: September 7, 2021 * * * * * * * * * * * * * DONNA WORCESTER, * UNPUBLISHED * Petitioner, * No. 16-1641V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation for Award; AND HUMAN SERVICES, * Influenza (“flu”) vaccine; * Guillain Barré syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * Randy M. Hitchcock, Whitfield Sharp & Hitchcock, LLC, Marblehead, MA, for petitioner. Althea W. Davis, U.S. Department of Justice, Washington, D.C., for respondent. DECISION FOR STIPULATION1 On December 13, 2016, Donna Worcester (“petitioner”), filed a petition for compensation under the National Vaccine Injury Program.2 Petition at Preamble (ECF No. 1). Petitioner received an influenza vaccine on October 22, 2014. Id. at Preamble; Stipulation for Award (ECF No. 95). Petitioner alleges that as a result of receiving the flu vaccine, she suffered Guillain Barre syndrome (“GBS”). Stipulation at ¶ 4. On September 7, 2021, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Respondent denies that the flu vaccine is the cause of petitioner’s alleged injuries, or any other injury or her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion 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 opinion will be posted on the court’s website without any changes. 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-01641-UNJ Document 99 Filed 10/06/21 Page 2 of 7 between them shall be settled and that a decision should be entered awarding the compensation to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: 1) A lump sum of $150,248.44 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. 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 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:16-vv-01641-UNJ Document 99 Filed 10/06/21 Page 3 of 7 Case 1:16-vv-01641-UNJ Document 99 Filed 10/06/21 Page 4 of 7 Case 1:16-vv-01641-UNJ Document 99 Filed 10/06/21 Page 5 of 7 Case 1:16-vv-01641-UNJ Document 99 Filed 10/06/21 Page 6 of 7 Case 1:16-vv-01641-UNJ Document 99 Filed 10/06/21 Page 7 of 7