VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00084 Package ID: USCOURTS-cofc-1_17-vv-00084 Petitioner: Yvonnda Fykerud Filed: 2017-01-18 Decided: 2020-05-19 Vaccine: influenza Vaccination date: 2015-11-24 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 30000 AI-assisted case summary: On January 18, 2017, Yvonnda Fykerud filed a petition for compensation under the National Vaccine Injury Compensation Program. Ms. Fykerud alleged that she developed Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on November 24, 2015. The respondent denied that the vaccine caused her injury. The parties reached a settlement agreement, stipulating that the respondent would issue a payment of $30,000.00 to Ms. Fykerud as compensation for all available damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation. The decision was filed on May 19, 2020. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner counsel was Nancy Meyers, Esq., and respondent counsel was Julia Collison, Esq. Theory of causation field: Petitioner Yvonnda Fykerud alleged GBS after an influenza vaccine on November 24, 2015. Respondent denied causation. The parties stipulated to a settlement. The Special Master adopted the stipulation and awarded $30,000.00 as compensation for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was filed on May 19, 2020, by Special Master Mindy Michaels Roth. Petitioner counsel was Nancy Meyers, Esq., and respondent counsel was Julia Collison, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00084-0 Date issued/filed: 2020-06-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/19/2020) regarding 67 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00084-UNJ Document 71 Filed 06/15/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-84V Filed: May 19, 2020 * * * * * * * * * * * * * YVONNDA D. FYKERUD, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Guillain-Barre Syndrome v. * (“GBS”); Influenza (“Flu”) * Vaccine SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Nancy Meyers, Esq., Turning Point Litigation, Greensboro, NC, for petitioner. Julia Collison, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On January 18, 2017, Yvonnda Fykerud [“Ms. Fykerud” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed Guillain-Barre Syndrome (“GBS”) after receiving an influenza (“flu”) vaccine on November 24, 2015. Stipulation, filed May 19, 2020 at ¶¶ 1-4. Respondent denies that the aforementioned immunization caused petitioner’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On May 19, 2020, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request 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). Otherwise, the whole Decision will be available to the public. Id. 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 1:17-vv-00084-UNJ Document 71 Filed 06/15/20 Page 2 of 7 Respondent agrees to issue the following payment: A lump sum of $30,000.00 in the form of a check payable to petitioner, Yvonnda Fykerud. This amount represents compensation for all damages that would be available under § 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 is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:17-vv-00084-UNJ Document 71 Filed 06/15/20 Page 3 of 7 Case 1:17-vv-00084-UNJ Document 71 Filed 06/15/20 Page 4 of 7 Case 1:17-vv-00084-UNJ Document 71 Filed 06/15/20 Page 5 of 7 Case 1:17-vv-00084-UNJ Document 71 Filed 06/15/20 Page 6 of 7 Case 1:17-vv-00084-UNJ Document 71 Filed 06/15/20 Page 7 of 7