VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00705
Package ID: USCOURTS-cofc-1_17-vv-00705
Petitioner: Samuel Schrecengost
Filed: 2017-05-30
Decided: 2018-09-05
Vaccine: influenza
Vaccination date: 2014-11-03
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 166000

AI-assisted case summary:
On May 30, 2017, Samuel Schrecengost filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) caused by the influenza vaccine he received on November 3, 2014. Mr. Schrecengost further alleged that he experienced residual effects of his injury for more than six months and had not filed a civil action or received compensation for his alleged vaccine-caused injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated Mr. Schrecengost's alleged injury or any other injury, and denied that his current disabilities were the result of a vaccine-related injury. Despite maintaining these positions, the parties filed a joint stipulation on May 2, 2018, agreeing to settle the case. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, a lump sum of $166,000.00 was awarded as compensation, payable to petitioner. This amount represents compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on September 5, 2018. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Darryl R. Wishard of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Samuel Schrecengost alleged that the influenza vaccine received on November 3, 2014, caused Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Nora Beth Dorsey awarded $166,000.00 as compensation for all damages under § 15(a). The stipulation does not specify a theory of causation, nor does it name any experts or detail the medical evidence considered. The case was filed on May 30, 2017, and the decision on the stipulation was issued on September 5, 2018. Petitioner's counsel was John Robert Howie, and respondent's counsel was Darryl R. Wishard. The award was a lump sum of $166,000.00.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00705-0
Date issued/filed: 2018-09-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/02/2018) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00705-UNJ Document 46 Filed 09/05/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-705V
Filed: May 2, 2018
UNPUBLISHED
SAMUEL SCHRECENGOST,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Guillain-Barre
SECRETARY OF HEALTH AND
Syndrome (GBS)
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 30, 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-Barré Syndrome (“GBS”) caused-in-
fact by the influenza vaccine he received on November 13, 2014. Petition at 1, ¶¶ 1, 30;
Stipulation, filed May 2, 2018, at ¶¶ 1-2, 4. Petitioner further alleges that he has
suffered the residual effects of his injury for more than six months, and that he has not
filed a civil action or received compensation for his injury, alleged as vaccine caused.
Petition at ¶¶ 29, 31; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine
either caused or significantly aggravated petitioner’s alleged injury or any other injury,
and denies that petitioner’s current disabilities are the result of a vaccine-related injury.”
Stipulation at ¶ 6.
1 Because this unpublished decision 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-00705-UNJ Document 46 Filed 09/05/18 Page 2 of 7
Nevertheless, on May 2, 2018, 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 $166,000.00 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

Case 1:17-vv-00705-UNJ Document 46 Filed 09/05/18 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
SAMUEL SCHRECENGOST, )
)
Petitioner, ) No. 17-705V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Samuel Schrecengost, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42
C.F.R. § 100.3(a).
2. On November 3, 2014, petitioner received the flu vaccine.
3. The vaccine was administered within the United States.
4. Petitioner alleges that, as a result of receiving the flu vaccine, he suffered from
Guillain-Barre syndrome (“GBS”), and that he experienced symptoms of this injury for more
than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his alleged injuries.
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Case 1:17-vv-00705-UNJ Document 46 Filed 09/05/18 Page 4 of 7
6. Respondent denies that the flu vaccine either caused or significantly aggravated
petitioner’s alleged injury or any other injury, and denies that petitioner’s current disabilities are
the result of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $166,000.00, in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. Section 300aa-21(a)(1), and an application, the parties will submit to further
proceedings before the special master to award reasonable attorneys’ fees and costs incurred in
proceeding upon this petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
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Case 1:17-vv-00705-UNJ Document 46 Filed 09/05/18 Page 5 of 7
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts
awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C.
§ 300aa-15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C.
§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the flu vaccine administered on November 3, 2014, as alleged by
petitioner in a petition for vaccine compensation filed on or about May 30, 2017, in the United
States Court of Federal Claims as petition No. 17-705V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:17-vv-00705-UNJ Document 46 Filed 09/05/18 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine received by petitioner either caused
or significantly aggravated petitioner’s alleged injury or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:17-vv-00705-UNJ Document 46 Filed 09/05/18 Page 7 of 7
Respectfully submitted,
PETITIONER:
~1id~
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETffiONER: OF THE ATTORNEY GENERAL:
JO R. HOWIE, JR.
Ho eLaw,PC Dep y Director
2608 Hibernia St. Torts Branch
Dallas, TX 75204 Civil Division
Tel: (214) 622-6340 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
~
NARA YAN NAIR, M.D DARRYL R. WISHARD
Director, Division of Injury Senior Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08N 146B Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4357
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Dated: (--=0--\-_./_ _
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