VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00175 Package ID: USCOURTS-cofc-1_17-vv-00175 Petitioner: Moneca Douglass Filed: 2017-02-06 Decided: 2019-04-10 Vaccine: influenza Vaccination date: 2015-10-06 Condition: Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 527855 AI-assisted case summary: Moneca Douglass filed a petition on February 6, 2017, alleging that she developed Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccination on October 6, 2015. Respondent denied that the flu vaccine caused these injuries. Despite maintaining their positions, both parties agreed to settle the case. The court reviewed the stipulation and found it reasonable, adopting it as its decision. The award includes a lump sum of $525,615.38 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract was awarded. This compensation covers all damages available under the Vaccine Program. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00175-0 Date issued/filed: 2019-04-10 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 3/5/2019) regarding 41 DECISION by Proffer. Signed by Special Master Katherine E. Oler. (dd) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00175-UNJ Document 48 Filed 04/10/19 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0175V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MONECA DOUGLASS, * * Petitioner, * Filed: March 5, 2019 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine. * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Diane Wilson, Maglio Christopher and Toale, Washington, D.C., for Petitioner. Linda Sara Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 6, 2017, Petitioner Moneca Douglass filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petition, ECF No. 1. Petitioner alleges that she developed Guillain-Barré syndrome (“GBS”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of receiving an influenza (“flu”) vaccination on October 6, 2015. See Stipulation ¶ 4, dated March 4, 2019 (ECF No. 40); See also Petition. 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 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 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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:17-vv-00175-UNJ Document 48 Filed 04/10/19 Page 2 of 9 Respondent denies “that the flu vaccine caused petitioner to suffer from GBS, CIDP or any other injury.” See Stipulation ¶ 6. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed March 4, 2019 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a. a lump sum of $525,615.38, which amount represents compensation for first year life care expenses ($4,307.52), lost earnings ($344,067.44), pain and suffering ($175,000.00), and past unreimbursable expenses ($2,240.42), in the form of a check payable to petitioner; and b. an amount sufficient to purchase the annuity contract described in paragraph 10 [of the stipulation], paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). Stipulation ¶ 8, 10. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 2 Case 1:17-vv-00175-UNJ Document 48 Filed 04/10/19 Page 3 of 9 Case 1:17-vv-00175-UNJ Document 48 Filed 04/10/19 Page 4 of 9 Case 1:17-vv-00175-UNJ Document 48 Filed 04/10/19 Page 5 of 9 Case 1:17-vv-00175-UNJ Document 48 Filed 04/10/19 Page 6 of 9 Case 1:17-vv-00175-UNJ Document 48 Filed 04/10/19 Page 7 of 9 Case 1:17-vv-00175-UNJ Document 48 Filed 04/10/19 Page 8 of 9 Case 1:17-vv-00175-UNJ Document 48 Filed 04/10/19 Page 9 of 9