VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00317
Package ID: USCOURTS-cofc-1_17-vv-00317
Petitioner: Douglas T. Lester
Filed: 2017-10-23
Decided: 2019-04-10
Vaccine: influenza
Vaccination date: 2015-10-07
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Douglas T. Lester filed a petition for compensation under the National Vaccine Injury Compensation Program on March 8, 2017, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination administered on October 7, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report stating that they did not contest petitioner's entitlement to compensation. The respondent acknowledged that the petitioner satisfied the criteria set forth in the revised Vaccine Injury Table, noting that the evidence showed GBS onset within the Table-specified time period following the flu vaccine. Based on the respondent's position and the evidence of record, Chief Special Master Nora Beth Dorsey found the petitioner entitled to compensation on October 23, 2017. Subsequently, on February 13, 2019, the parties filed a joint stipulation on damages. Chief Special Master Dorsey reviewed and adopted the stipulation, awarding Douglas T. Lester a lump sum of $200,000.00, payable to the petitioner. This amount represents compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Nancy Routh Meyers of Ward Black Law, and respondent was represented by Douglas Ross and later Glenn Alexander MacLeod of the U.S. Department of Justice.

Theory of causation field:
Petitioner Douglas T. Lester alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on October 7, 2015. The respondent, Secretary of Health and Human Services, did not contest entitlement, stating that petitioner satisfied the criteria in the revised Vaccine Injury Table, with GBS onset occurring within the Table-specified time period following the flu vaccine. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical facts regarding onset or symptoms. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 23, 2017, finding petitioner entitled to compensation. A Joint Stipulation on Damages was filed on February 13, 2019, and adopted by Chief Special Master Dorsey on April 10, 2019, awarding a lump sum of $200,000.00 to the petitioner. Petitioner was represented by Nancy Routh Meyers and respondent by Douglas Ross and Glenn Alexander MacLeod.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00317-0
Date issued/filed: 2018-02-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/23/2017) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00317-UNJ Document 36 Filed 02/16/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-317V
Filed: October 23, 2017
UNPUBLISHED
DOUGLAS T. LESTER,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Uncontested;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Guillain-Barre Syndrome
SECRETARY OF HEALTH AND (GBS)
HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 8, 2017, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that he suffered Guillain-Barre syndrome (“GBS”) as a result of
an influenza (“flu”) vaccination administered on October 7, 2015. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 23, 2017, respondent filed his Rule 4(c) report in which he states that
he does not contest that petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report at 1. Specifically, “[i]t is respondent’s s position that
petitioner has satisfied the criteria set forth in the newly revised Vaccine Injury Table
(“Table”) and the Qualifications and Aids to Interpretation. Although the revised Table
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
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-00317-UNJ Document 36 Filed 02/16/18 Page 2 of 2
only governs petitions filed on or after the effective date of the final rule, the evidence
shows that petitioner suffered GBS following the administration of a seasonal flu
vaccine, and that the onset occurred within the time period specified in the Table.” Id. at
8-9. Respondent further states that “[r]ecognizing that petitioner may re-file this petition
and be afforded a presumption of causation under the revised Table (see 42 U.S.C. §
300aa-16(b)), respondent will not contest entitlement to compensation in this case.” Id.
at 9.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00317-1
Date issued/filed: 2019-04-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/13/2019) regarding 62 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00317-UNJ Document 66 Filed 04/10/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-317V
Filed: February 13, 2019
UNPUBLISHED
DOUGLAS T. LESTER,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Guillain-Barre
SECRETARY OF HEALTH AND
Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 8, 2017, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”) as a result of
his October 7, 2015 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed February
13, 2019, at ¶¶ 4. Petitioner further alleges he suffered residual effects of his injury for
more than six months and that there has been no prior award or settlement of a civil
action for damages on his behalf as a result of his condition. Petition at 4; Stipulation at
¶¶ 4-5. The undersigned issued a Ruling on Entitlement on October 23, 2017, finding
petitioner entitled to compensation for his GBS as a result of the October 7, 2015 flu
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. In accordance with
Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required to post it on the United States Court of Federal Claims'
website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services).
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-00317-UNJ Document 66 Filed 04/10/19 Page 2 of 7
vaccination. Accordingly, the parties stipulate that petitioner is entitled to an award of
compensation under the terms of the Vaccine Program. Stipulation at ¶ 7.
On February 13, 2019, the parties filed the attached joint stipulation, stating that
a decision should be entered awarding compensation. The undersigned finds the
stipulation reasonable and adopts it as the decision of the Court in awarding damages,
on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $200,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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