VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00127 Package ID: USCOURTS-cofc-1_17-vv-00127 Petitioner: Bonita Rosner Filed: 2018-03-23 Decided: 2018-03-23 Vaccine: influenza Vaccination date: 2015-11-17 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 169000 AI-assisted case summary: On March 23, 2018, Bonita Rosner filed a petition alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on November 17, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Rosner's GBS or any other injury. The parties subsequently reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Bonita Rosner a lump sum of $169,000.00 in compensation, representing reimbursement for all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid via check to the petitioner. The decision was issued on March 23, 2018. Petitioner was represented by Joseph A. Vuckovich, and respondent was represented by Jennifer L. Reynaud. Theory of causation field: Petitioner Bonita Rosner alleged that her November 17, 2015 receipt of an influenza vaccine caused her to develop Guillain-Barré Syndrome (GBS). Respondent denied this allegation. The parties reached a stipulation to settle the case, and the Special Master adopted the stipulation. The public decision does not describe the specific medical experts, clinical details of the GBS onset or progression, diagnostic tests, treatments, or the precise mechanism of causation. The case was resolved via stipulation, resulting in an award of $169,000.00. Special Master Laura D. Millman issued the decision on March 23, 2018. Petitioner's counsel was Joseph A. Vuckovich, and respondent's counsel was Jennifer L. Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00127-0 Date issued/filed: 2018-04-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/23/2018) regarding 27 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00127-UNJ Document 30 Filed 04/17/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-127V Filed: March 23, 2018 Not for Publication ************************************* BONITA ROSNER, * * Petitioner, * * * Damages decision based on stipulation; v. * influenza (flu) vaccine; Guillain-Barré * Syndrome (GBS) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Joseph A. Vuckovich, Washington, DC, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On March 23, 2018, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”) that was caused by her November 17, 2015 receipt of influenza (“flu”) vaccine. Respondent denies that the flu vaccine caused petitioner’s GBS or any other injury. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:17-vv-00127-UNJ Document 30 Filed 04/17/18 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $169,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check payable to petitioner in the amount of $169,000.00. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: March 23, 2018 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 CCaassee 11::1177--vvvv--0000112277--UUNNJJ DDooccuummeenntt 2360 FFiilleedd 0034//2137//1188 PPaaggee 13 ooff 57 CCaassee 11::1177--vvvv--0000112277--UUNNJJ DDooccuummeenntt 2360 FFiilleedd 0034//2137//1188 PPaaggee 24 ooff 57 CCaassee 11::1177--vvvv--0000112277--UUNNJJ DDooccuummeenntt 2360 FFiilleedd 0034//2137//1188 PPaaggee 35 ooff 57 CCaassee 11::1177--vvvv--0000112277--UUNNJJ DDooccuummeenntt 2360 FFiilleedd 0034//2137//1188 PPaaggee 46 ooff 57 CCaassee 11::1177--vvvv--0000112277--UUNNJJ DDooccuummeenntt 2360 FFiilleedd 0034//2137//1188 PPaaggee 57 ooff 57