VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00331 Package ID: USCOURTS-cofc-1_17-vv-00331 Petitioner: Laurie Andrews Filed: 2018-05-21 Decided: 2018-07-03 Vaccine: influenza Vaccination date: 2015-11-28 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 163558 AI-assisted case summary: Laurie Andrews filed a petition on May 21, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Guillain-Barré Syndrome (GBS) as a result of her influenza vaccine received on November 28, 2015, and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her GBS or any other injury. However, both parties agreed to settle the case through a stipulation, with the respondent maintaining their position. The court reviewed the stipulation and found it to be reasonable, adopting it as the decision for awarding damages. The stipulation awarded Laurie Andrews a lump sum of $150,000.00, $13,381.62 payable jointly to her and the Michigan Department of Health and Human Services for Medicaid, and $177.20 payable jointly to her and Priority Health Choice for other medical expenses. These amounts were intended to compensate for all damages available under the Act. The decision was issued by Special Master Brian H. Corcoran on July 3, 2018, awarding a total of $163,558.82. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00331-0 Date issued/filed: 2018-07-03 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 5/21/2018) Regarding 26 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00331-UNJ Document 36 Filed 07/03/18 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-331V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * LAURIE ANDREWS, * * Special Master Corcoran * Petitioner, * Filed: May 21, 2018 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“flu”) Vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * John R. Howie, Jr., Howie Law, PC, Dallas, TX, for Petitioner. Traci R. Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 10, 2017, Laurie Andrews filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered from Guillain-Barré Syndrome (“GBS”) as a result of her November 28, 2015 influenza (“flu”) vaccine. Petitioner further alleges that she has experienced the residual effects of her GBS for more than six months. 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa- 12(d)(4)(B), 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 in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Case 1:17-vv-00331-UNJ Document 36 Filed 07/03/18 Page 2 of 9 Respondent denies that the flu vaccine caused Petitioner’s GBS or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on May 21, 2018) that the issues before them could 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 (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $150,000.00, in the form of a check payable to Petitioner;  $13,381.62 in the form of a check payable jointly to Petitioner and Michigan Department of Health and Human Services Third Party Liability Division P.O. Box 30053 Lansing, MI 48909 Re: Medicaid ID # 0039882983; and  $177.20 in the form of a check payable jointly to Petitioner and Priority Health Choice c/o Jaime Mosqueda 1231 East Beltline NE Mailstop 1340 Grand Rapids, MI 49525 Re: Laurie Andrews Stipulation ¶ 8. These amounts represent compensation for all damages that would be available under Section 15(a) of the Act. 2 Case 1:17-vv-00331-UNJ Document 36 Filed 07/03/18 Page 3 of 9 I approve a Vaccine Program award in the requested amounts set forth above to be made as indicated. 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/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 3 Case 1:17-vv-00331-UNJ Document 36 Filed 07/03/18 Page 4 of 9 Case 1:17-vv-00331-UNJ Document 36 Filed 07/03/18 Page 5 of 9 Case 1:17-vv-00331-UNJ Document 36 Filed 07/03/18 Page 6 of 9 Case 1:17-vv-00331-UNJ Document 36 Filed 07/03/18 Page 7 of 9 Case 1:17-vv-00331-UNJ Document 36 Filed 07/03/18 Page 8 of 9 Case 1:17-vv-00331-UNJ Document 36 Filed 07/03/18 Page 9 of 9