VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00081 Package ID: USCOURTS-cofc-1_17-vv-00081 Petitioner: Glendella May Filed: 2017-01-18 Decided: 2018-02-22 Vaccine: influenza Vaccination date: 2014-11-26 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Glendella May filed a petition for compensation on January 18, 2017, alleging that the influenza vaccine she received on November 26, 2014, caused her to suffer Guillain-Barré syndrome (GBS) and its residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused GBS. The parties, represented by John Grimm for the petitioner and Althea Davis for the respondent, filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court. Glendella May was awarded a lump sum payment of $80,000.00, payable by check to the petitioner, as compensation for all damages. Judgment was to be entered according to this decision and the stipulation, unless a motion for review was filed. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Glendella May alleged that the influenza vaccine administered on November 26, 2014, caused Guillain-Barré syndrome (GBS) and residual effects lasting over six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $80,000.00 as a lump sum for all damages. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical evidence presented. The theory of causation relies on the vaccine being listed on the Vaccine Injury Table, which presumes causation for GBS within specific timeframes. Attorneys involved were John Grimm for the petitioner and Althea Davis for the respondent. Special Master Christian J. Moran issued the decision on February 22, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00081-0 Date issued/filed: 2018-02-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/16/18) regarding 28 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (MRG) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00081-UNJ Document 34 Filed 02/22/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * GLENDELLA MAY, * * No. 17-81V Petitioner, * Special Master Christian J. Moran * v. * Filed: January 16, 2018 * SECRETARY OF HEALTH * Stipulation; influenza vaccine; AND HUMAN SERVICES, * GBS. * Respondent. * * * * * * * * * * * * * * * * * * * * * * John Grimm, The Limbaugh Firm, Cape Girardeau, MO, for Petitioner; Althea Davis, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On January 8, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Glendella May on January 18, 2017. Petitioner alleged that the influenza (“flu”) vaccine she received on November 26, 2014, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer Guillain-Barré syndrome (“GBS”). Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the influenza vaccine caused petitioner to suffer GBS or any other injury. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:17-vv-00081-UNJ Document 34 Filed 02/22/18 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $80,000.00 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). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 17-81V according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:17-vv-00081-UNJ Document 34 Filed 02/22/18 Page 3 of 7 Case 1:17-vv-00081-UNJ Document 34 Filed 02/22/18 Page 4 of 7 Case 1:17-vv-00081-UNJ Document 34 Filed 02/22/18 Page 5 of 7 Case 1:17-vv-00081-UNJ Document 34 Filed 02/22/18 Page 6 of 7 Case 1:17-vv-00081-UNJ Document 34 Filed 02/22/18 Page 7 of 7