VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01687 Package ID: USCOURTS-cofc-1_16-vv-01687 Petitioner: Luis Garcia Filed: 2016-12-22 Decided: 2018-10-17 Vaccine: influenza Vaccination date: 2015-09-07 Condition: Guillain-Barré Syndrome (“GBS”) and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”) Outcome: compensated Award amount USD: 215000 AI-assisted case summary: Luis Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2016. Mr. Garcia alleged that he suffered Guillain-Barré Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccination he received on September 7, 2015. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Garcia's alleged GBS and/or CIDP or any other injury. Despite these denials, the parties reached a joint stipulation to settle the issues. Special Master Thomas L. Gowen found the stipulation to be reasonable and adopted it as the decision of the Court. Judgment was entered in accordance with the stipulation, awarding Luis Garcia a lump sum of $215,000.00, representing all damages available under the program. The public decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert witnesses involved in this case. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Adriana R. Teitel. Theory of causation field: Luis Garcia received an influenza vaccination on September 7, 2015, and subsequently alleged Guillain-Barré Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties entered into a joint stipulation for settlement. Special Master Thomas L. Gowen adopted the stipulation, awarding petitioner Luis Garcia $215,000.00. The public text does not specify the theory of causation, the mechanism of injury, or any expert testimony. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Adriana R. Teitel. The decision date was October 17, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01687-0 Date issued/filed: 2018-11-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: October 17, 2018) regarding 44 DECISION of Special Master - Stipulation. Signed by Special Master Thomas L. Gowen. (kl) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01687-UNJ Document 48 Filed 11/13/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 17, 2018 * * * * * * * * * * * * * LUIS GARCIA, * UNPUBLISHED * Petitioner, * No. 16-1687V * v. * Special Master Gowen * SECRETARY OF HEALTH * Influenza (“Flu”) Vaccination; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”); * Chronic Inflammatory Demyelinat- Respondent. * ing Polyneuropathy (“CIDP”). * * * * * * * * * * * * * Jeffrey S. Pop, Beverly Hills, CA, for petitioner. Adriana R. Teitel, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 22, 2016, Luis Garcia (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner received an influenza (“flu”) vaccination on September 7, 2015. Petitioner alleged that he suffered Guillain-Barré Syndrome (“GBS”) and/ or chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of receiving the flu vaccination. On October 17, 2018, respondent filed a joint stipulation providing that a decision should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 43). Respondent denies that petitioner’s alleged GBS and/ or CIDP or its residual effects were caused-in-fact by his flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury 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-01687-UNJ Document 48 Filed 11/13/18 Page 2 of 7 or his current condition. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree 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 $215,000.00 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-01687-UNJ Document 48 Filed 11/13/18 Page 3 of 7 Case 1:16-vv-01687-UNJ Document 48 Filed 11/13/18 Page 4 of 7 Case 1:16-vv-01687-UNJ Document 48 Filed 11/13/18 Page 5 of 7 Case 1:16-vv-01687-UNJ Document 48 Filed 11/13/18 Page 6 of 7 Case 1:16-vv-01687-UNJ Document 48 Filed 11/13/18 Page 7 of 7