VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01707 Package ID: USCOURTS-cofc-1_16-vv-01707 Petitioner: Lee R. Campbell, M.D. Filed: 2016-12-29 Decided: 2018-09-12 Vaccine: influenza Vaccination date: 2014-11-03 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 200000 AI-assisted case summary: On December 29, 2016, Dr. Lee R. Campbell filed a petition for compensation under the National Vaccine Injury Compensation Program. Dr. Campbell alleged that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination administered on November 3, 2014. He stated that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that no prior civil action had been filed for damages. The respondent denied that the flu immunization caused his alleged GBS or any other injury. Nevertheless, on May 31, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision. Dr. Campbell was awarded a lump sum of $200,000.00 as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Dustin Francis Fregiato of Ladendorf Law, and respondent counsel was Camille Michelle Collett of the U.S. Department of Justice. Theory of causation field: Petitioner Lee R. Campbell, M.D. alleged that an influenza vaccine administered on November 3, 2014, caused Guillain-Barre Syndrome (GBS). The respondent denied causation. The parties filed a joint stipulation on May 31, 2018, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the Court's decision. Dr. Campbell was awarded a lump sum of $200,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Dustin Francis Fregiato, and respondent was represented by Camille Michelle Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01707-0 Date issued/filed: 2018-09-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/01/2018) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01707-UNJ Document 31 Filed 09/12/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1707V Filed: June 1, 2018 UNPUBLISHED LEE R. CAMPBELL, M.D., Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Dustin Francis Fregiato, Ladendorf Law, Indianapolis, IN, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On December 29, 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 from Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccination administered on November 3, 2014. Petition at 1-2; Stipulation, filed May 31, 2018, at ¶¶ 1, 4. Petitioner further alleges the vaccine was administered within the United States, that he experienced the residual effects of this condition 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. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that the influenza immunizations is the cause of petitioner’s alleged GBS or any other injury or condition.” Stipulation 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-01707-UNJ Document 31 Filed 09/12/18 Page 2 of 7 Nevertheless, on May 31, 2018, 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. Stipulation at ¶ 8. 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-01707-UNJ Document 31 Filed 09/12/18 Page 3 of 7 Case 1:16-vv-01707-UNJ Document 31 Filed 09/12/18 Page 4 of 7 Case 1:16-vv-01707-UNJ Document 31 Filed 09/12/18 Page 5 of 7 Case 1:16-vv-01707-UNJ Document 31 Filed 09/12/18 Page 6 of 7 Case 1:16-vv-01707-UNJ Document 31 Filed 09/12/18 Page 7 of 7