VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00176
Package ID: USCOURTS-cofc-1_17-vv-00176
Petitioner: Adam Peek
Filed: 2017-02-06
Decided: 2019-02-26
Vaccine: influenza
Vaccination date: 2015-10-19
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 245000

AI-assisted case summary:
On February 6, 2017, Adam Peek filed a petition for compensation alleging that the influenza vaccine he received on October 19, 2015, caused him to suffer Guillain-Barré syndrome (GBS). Mr. Peek further alleged that he experienced residual effects from this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or significantly aggravated Mr. Peek's condition or that his disabilities were the result of a vaccine-related injury. The parties subsequently filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran reviewed the stipulation and adopted it as the decision of the Court. The stipulation awarded Mr. Peek a lump sum payment of $245,000.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision noted that the clerk was directed to enter judgment according to the decision and stipulation unless a motion for review was filed. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert witnesses involved in this case. Diana Stadelnikas represented the petitioner, and Christine Becer represented the respondent.

Theory of causation field:
Petitioner Adam Peek alleged that the influenza vaccine administered on October 19, 2015, caused Guillain-Barré syndrome (GBS), a condition listed on the Vaccine Injury Table. Petitioner further alleged residual effects lasting more than six months. Respondent denied causation or aggravation. The parties reached a joint stipulation for compensation. The Special Master adopted the stipulation, awarding a lump sum of $245,000.00 for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical evidence presented. The theory of causation is based on the Vaccine Injury Table. Petitioner counsel was Diana Stadelnikas, and respondent counsel was Christine Becer. Special Master Christian J. Moran issued the decision on February 26, 2019, based on a stipulation filed January 23, 2019.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00176-0
Date issued/filed: 2019-02-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/30/19) regarding 49 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (MRG) Service on parties made.
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Case 1:17-vv-00176-UNJ Document 53 Filed 02/26/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ADAM PEEK, *
* No. 17-176V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: January 30, 2019
*
SECRETARY OF HEALTH * Stipulation; flu vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas, Maglio Christopher & Toale, Sarasota, FL, for Petitioner;
Christine Becer, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On January 23, 2019, the parties filed a joint stipulation concerning the
petition for compensation filed by Adam Peek on February 6, 2017. Petitioner
alleged that the influenza (“flu”) vaccine he received on October 19, 2015, which
is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused
him to suffer Guillain-Barré syndrome. Petitioner further alleges that he 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 his
behalf as a result of his condition.
Respondent denies that the vaccines either caused or significantly
aggravated petitioner’s alleged injury or any other injury, and denies that
petitioner's current disabilities are the result of a vaccine-related 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-00176-UNJ Document 53 Filed 02/26/19 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 $245,000.00 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 17-176V 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

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