VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00568
Package ID: USCOURTS-cofc-1_17-vv-00568
Petitioner: Beverly Rand
Filed: 2017-04-26
Decided: 2019-04-12
Vaccine: influenza
Vaccination date: 2015-09-29
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Beverly Rand filed a petition for compensation under the National Vaccine Injury Compensation Program on April 26, 2017, alleging she developed Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on or about September 29, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused Ms. Rand's injury. Despite the respondent's denial, the parties reached a settlement agreement. On March 18, 2019, they filed a joint stipulation agreeing to resolve the case. As part of the stipulation, the respondent agreed to pay Ms. Rand a lump sum of $60,000.00, payable to Beverly Rand, as compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation. The clerk of the court was directed to enter judgment in accordance with this decision. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Ronald Homer, Esq., represented the petitioner, and Amy Kokot, Esq., represented the respondent.

Theory of causation field:
Petitioner Beverly Rand alleged she developed Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on or about September 29, 2015. Respondent denied causation. The parties reached a settlement stipulation on March 18, 2019, agreeing to resolve the case. Respondent agreed to pay a lump sum of $60,000.00 to petitioner Beverly Rand for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation on April 12, 2019. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Ronald Homer, Esq., and respondent by Amy Kokot, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00568-0
Date issued/filed: 2019-04-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/18/2019) regarding 31 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:17-vv-00568-UNJ Document 35 Filed 04/12/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-568V
Filed: March 18, 2019
* * * * * * * * * * * * *
BEVERLY RAND, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Guillain-Barre Syndrome
v. * (“GBS”); Influenza (“Flu”)
* Vaccine
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Ronald Homer, Esq., Conway, Homer, P.C., Boston, MA, for petitioner.
Amy Kokot, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On April 26, 2017, Beverly Rand (“Ms. Rand or “petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed Guillain-Barre Syndrome (“GBS”) after receiving an influenza (“flu”) vaccination
on or about September 29, 2015. Stipulation, filed Mar. 18, 2019, at ¶¶ 1-4. Respondent denies
that the aforementioned immunization caused petitioner’s injury. 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.
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).

Case 1:17-vv-00568-UNJ Document 35 Filed 04/12/19 Page 2 of 7
Respondent agrees to issue the following payment:
A lump sum of $60,000.00 in the form of a check payable to petitioner, Beverly
Rand. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
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

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