VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00420
Package ID: USCOURTS-cofc-1_17-vv-00420
Petitioner: James Cox
Filed: 2018-12-27
Decided: 2019-02-01
Vaccine: influenza
Vaccination date: 2014-09-24
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 255000

AI-assisted case summary:
James Cox filed a petition on March 24, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on September 24, 2014, and that he experienced residual effects from the condition for more than six months. The respondent denied that the flu vaccine caused Petitioner's GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on December 21, 2018. The stipulation proposed an award of $255,000.00 to Petitioner for all damages. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The award was to be paid as a lump sum check to Petitioner. Judgment was to be entered accordingly. Amy A. Senerth represented the Petitioner, and Mallori B. Openchowski represented the Respondent. The public decision was issued on February 1, 2019.

Theory of causation field:
Petitioner James Cox alleged that he suffered from Guillain-Barré Syndrome (GBS) as a result of his September 24, 2014, influenza ("flu") vaccine and experienced residual effects for more than six months. Respondent denied causation. The parties reached a settlement via stipulation filed December 21, 2018, agreeing to an award of $255,000.00 for all damages. Special Master Brian H. Corcoran adopted the stipulation as his decision on February 1, 2019. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner was represented by Amy A. Senerth, and Respondent was represented by Mallori B. Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00420-0
Date issued/filed: 2019-02-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/27/2018) Regarding 36 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:17-vv-00420-UNJ Document 39 Filed 02/01/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-420V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
JAMES COX, *
* Special Master Corcoran
*
Petitioner, * Filed: December 27, 2018
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (“flu”) Vaccine; Guillain-Barré
AND HUMAN SERVICES, * Syndrome (“GBS”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA for Petitioner.
Mallori B. Openchowski, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 24, 2017, James Cox filed a petition seeking compensation under the National
Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he suffered
from Guillain-Barré Syndrome (“GBS”), as a result of his September 24, 2014, influenza (“flu”)
vaccine. Petitioner further alleges that he has experienced the residual effects of this condition 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-00420-UNJ Document 39 Filed 02/01/19 Page 2 of 7
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 December 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 $255,000.00, in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
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/ 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.
2

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