VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00851 Package ID: USCOURTS-cofc-1_17-vv-00851 Petitioner: A.L. Filed: 2017-06-23 Decided: 2018-12-19 Vaccine: influenza Vaccination date: 2015-11-02 Condition: Guillain Barre Syndrome (GBS) Outcome: compensated Award amount USD: AI-assisted case summary: Jeffrey and Toni Ann Levine, on behalf of their minor child A.L., filed a petition for compensation under the National Vaccine Injury Compensation Program on June 23, 2017. They alleged that A.L. suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on November 2, 2015, and a measles mumps rubella (MMR) vaccine received on December 31, 2015. The petition stated that the vaccines were administered in the United States, that A.L. experienced residual effects of this injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on behalf of A.L. as a result of her condition. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused A.L.'s GBS or any other injury. However, on November 15, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The decision awards compensation for all items of damages available under the program, sufficient to purchase an annuity contract. The exact award amount is not specified in this decision, which focuses on the stipulation for damages. The decision notes that it is unpublished and will be posted on the United States Court of Federal Claims' website, with petitioners having 14 days to identify and move to redact information that would constitute an unwarranted invasion of privacy. Petitioner counsel was Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent counsel was Gabrielle Manganiello Fielding of the U.S. Department of Justice. Theory of causation field: Petitioners alleged that A.L. suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on November 2, 2015, and a measles mumps rubella (MMR) vaccine received on December 31, 2015. The respondent denied causation. The parties filed a joint stipulation agreeing that compensation should be awarded. The Special Master adopted the stipulation, awarding an amount sufficient to purchase an annuity contract for all items of damages available under the program. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00851-0 Date issued/filed: 2018-12-19 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 11/16/2018) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00851-UNJ Document 41 Filed 12/19/18 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0851V Filed: November 16, 2018 UNPUBLISHED JEFFREY LEVINE and TONI ANN LEVINE on behalf of A.L., a minor child, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioners, (Flu) Vaccine; Measles Mumps v. Rubella (MMR) Vaccine; Guillain- Barre Syndrome (GBS); Annuity SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioners. Gabrielle Manganiello Fielding, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On June 23, 2017, petitioners filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioners allege that A.L. suffered Guillain Barre Syndrome (“GBS”) as a result of an influenza vaccine received on November 2, 2015 and a measles mumps rubella vaccine received on December 31, 2015. Petition at 1; Stipulation, filed November 15, 2018, at ¶¶ 1-4. Petitioners further allege that the vaccines were administered in the United States, that A.L. experienced residual effects of this injury for more than six months, and that there has been no prior award or settlement of a civil action for 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), petitioners have 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-00851-UNJ Document 41 Filed 12/19/18 Page 2 of 9 damages on behalf of A.L. as a result of her condition. Petition at 1, 3-4; Stipulation at ¶¶ 3-5. “Respondent denies that the vaccine caused A.L. to suffer from GBS or any other injury ” Stipulation at ¶ 6. Nevertheless, on November 15, 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: An amount sufficient to purchase the annuity contract described in paragraph 10 [of the attached stipulation], paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). 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 petitioners’ 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-00851-UNJ Document 41 Filed 12/19/18 Page 3 of 9 Case 1:17-vv-00851-UNJ Document 41 Filed 12/19/18 Page 4 of 9 Case 1:17-vv-00851-UNJ Document 41 Filed 12/19/18 Page 5 of 9 Case 1:17-vv-00851-UNJ Document 41 Filed 12/19/18 Page 6 of 9 Case 1:17-vv-00851-UNJ Document 41 Filed 12/19/18 Page 7 of 9 Case 1:17-vv-00851-UNJ Document 41 Filed 12/19/18 Page 8 of 9 Case 1:17-vv-00851-UNJ Document 41 Filed 12/19/18 Page 9 of 9