VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00224 Package ID: USCOURTS-cofc-1_17-vv-00224 Petitioner: Jacqueline Lewis Filed: 2017-02-16 Decided: 2019-04-16 Vaccine: influenza Vaccination date: 2015-10-16 Condition: Guillain-Barré syndrome (“GBS”), chronic inflammatory demyelinating polyneuropathy (“CIDP”), paraparesis, hypoxic respiratory failure, ischemia, myocardial infarctions, pleural effusions, pericardial effusion, and congestive heart failure Outcome: compensated Award amount USD: 192159 AI-assisted case summary: Dominique Lewis, as administratrix of the estate of Jacqueline Marie Lewis, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2017. The petition alleged that Jacqueline Lewis received an influenza vaccine on October 16, 2015, and subsequently developed Guillain-Barré syndrome (GBS), chronic inflammatory demyelinating polyneuropathy (CIDP), paraparesis, hypoxic respiratory failure, ischemia, myocardial infarctions, pleural effusions, pericardial effusion, and congestive heart failure. The respondent, the Secretary of Health and Human Services, denied that the immunization caused these alleged injuries. The parties reached a settlement, and on March 18, 2019, they filed a joint stipulation outlining the terms of the agreement. As part of the settlement, the respondent agreed to issue a lump sum payment of $180,000.00, payable to Dominique Lewis as administratrix of the estate, as compensation for all damages. Additionally, a lump sum of $12,158.69 was to be paid to reimburse a Commonwealth of Virginia Medicaid lien, payable jointly to Dominique Lewis and the Department of Medical Assistance Services. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the agreed-upon amounts and terms. The decision was issued on April 16, 2019. The public decision does not describe the specific onset of symptoms, clinical details of Ms. Lewis's condition, any diagnostic tests performed, or treatments received. The specific mechanism of causation was not detailed in the public decision. Theory of causation field: Petitioner alleged that an influenza vaccine administered on October 16, 2015, caused Guillain-Barré syndrome (GBS), chronic inflammatory demyelinating polyneuropathy (CIDP), paraparesis, hypoxic respiratory failure, ischemia, myocardial infarctions, pleural effusions, pericardial effusion, and congestive heart failure. Respondent denied causation. The parties reached a stipulation for settlement. The public decision does not detail the specific theory of causation, medical experts, or evidence presented. The settlement awarded $180,000.00 for all damages and $12,158.69 for a Medicaid lien reimbursement, totaling $192,159.00. The decision was issued by Special Master Mindy Michaels Roth on April 16, 2019. Attorneys for the petitioner were Bruce Slane and for the respondent was Amy Kokot. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00224-0 Date issued/filed: 2019-04-16 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 3/18/2019) regarding 42 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00224-UNJ Document 47 Filed 04/16/19 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-224V Filed: March 18, 2019 * * * * * * * * * * * * * * * DOMINIQUE M. LEWIS, as * UNPUBLISHED Administratrix of the Estate of * JACQUELINE MARIE LEWIS, * Deceased, * Decision on Joint Stipulation; Guillain- * Barré Syndrome (“GBS”), Chronic Petitioner, * Inflammatory Demyelinating v. * Polyneuropathy (“CIDP”), Paraparesis, * Hypoxic Respiratory Failure, Ischemia, SECRETARY OF HEALTH * Myocardial Infarctions, Pleural Effusions, AND HUMAN SERVICES, * Pericardial Effusion, and Congestive Heart * Failure; Influenza (“Flu”) Vaccine Respondent. * * * * * * * * * * * * * * * * Bruce Slane, Esq., Law Office of Bruce W. Slane, PC, White Plains, NY, for petitioner. Amy Kokot, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On February 16, 2017, Dominique Lewis (“petitioner”), as administratrix of the estate of Jacqueline Lewis, (“Ms. Lewis”), deceased, filed a petition for compensation on behalf of Ms. Lewis under the National Vaccine Injury Compensation Program.2 Petitioner alleged that Ms. Lewis developed Guillain-Barré syndrome (“GBS”), chronic inflammatory demyelinating polyneuropathy (“CIDP”), paraparesis, hypoxic respiratory failure, ischemia, myocardial 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). 1 Case 1:17-vv-00224-UNJ Document 47 Filed 04/16/19 Page 2 of 8 infarctions, pleural effusions, pericardial effusion, and congestive heart failure after receiving the influenza (“flu”) vaccine on October 16, 2015. Stipulation, filed March 18, 2019, at ¶¶ 1-4. Respondent denies that the aforementioned immunization caused petitioner’s injuries. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On March 18, 2019, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payments: 1. A lump sum of $180,000.00 in the form of a check payable to petitioner, Dominique Lewis, as administratrix of the estate of Jacqueline Lewis. This amount represents compensation for all damages that would be available under § 300aa-15(a). 2. A lump sum of $12,158.69, which represents reimbursement of a Commonwealth of Virginia Medicaid lien, in the form of a check payable jointly to petitioner and: Department of Medical Assistance Services Accounts Receivable Unit, TPLC, 8th Floor 600 E. Broad Street Richmond, VA 23219 Attn: Abbie Cooke Recovery Analyst Case Identification No. 031-021400-010 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-00224-UNJ Document 47 Filed 04/16/19 Page 3 of 8 Case 1:17-vv-00224-UNJ Document 47 Filed 04/16/19 Page 4 of 8 Case 1:17-vv-00224-UNJ Document 47 Filed 04/16/19 Page 5 of 8 Case 1:17-vv-00224-UNJ Document 47 Filed 04/16/19 Page 6 of 8 Case 1:17-vv-00224-UNJ Document 47 Filed 04/16/19 Page 7 of 8 Case 1:17-vv-00224-UNJ Document 47 Filed 04/16/19 Page 8 of 8