VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00888
Package ID: USCOURTS-cofc-1_17-vv-00888
Petitioner: Juanita Cruey
Filed: 2017-06-29
Decided: 2019-10-11
Vaccine: influenza
Vaccination date: 2015-12-03
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 87500

AI-assisted case summary:
Juanita Cruey filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2017. She alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on December 3, 2015, and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that petitioner sustained a GBS Table injury, denied that the vaccine caused her alleged GBS or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these opposing positions, the parties filed a joint stipulation on July 15, 2019, agreeing to settle the issues between them. 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, Juanita Cruey was awarded $87,500.00 as a lump sum, payable by check to petitioner, representing compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). The decision was posted on the United States Court of Federal Claims' website on October 11, 2019. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The stipulation stated that the case was processed as a Table claim.

Theory of causation field:
Petitioner Juanita Cruey alleged Guillain-Barre Syndrome (GBS) resulting from an influenza vaccine received on December 3, 2015, with residual effects lasting more than six months. The respondent denied a Table injury, causation, and sequelae. The parties filed a joint stipulation agreeing to settlement. The case was processed as a Table claim. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $87,500.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The stipulation was approved on October 11, 2019. Petitioner's counsel was Shealene Priscilla Mancuso, and respondent's counsel was Colleen Clemons Hartley. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00888-0
Date issued/filed: 2019-10-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/19/19) regarding 64 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00888-UNJ Document 72 Filed 10/11/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0888V
Filed: July 19, 2019
UNPUBLISHED
JUANITA CRUEY,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Guillain-Barre
SECRETARY OF HEALTH AND
Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 29, 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 hat she suffered Guillain-Barre Syndrome (“GBS”)
resulting from an influenza (“flu”) vaccine she received on December 3, 2015, and that
she suffered the residual effects of this injury for more than six months. Petition at 1, 4;
Stipulation, filed July 15, 2019, at ¶ 4. “Respondent denies that petitioner sustained a
GBS Table injury; denies that the vaccine caused petitioner’s alleged GBS, or any other
injury; and denies that her current condition is a sequelae of a vaccine-related injury.”
Stipulation at ¶ 6.
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), 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. 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-00888-UNJ Document 72 Filed 10/11/19 Page 2 of 7
Nevertheless, on July 15, 2019, 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 $87,500.00 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-00888-UNJ Document 72 Filed 10/11/19 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
.ruANIT A CRUEY, )
)
Petitioner, ) No. l 7-888V (ECF)
) Chief Special Master Dorsey
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following mattets:
1. Petitioner, Juanita Cruey, 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 vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. §
100.3 (a).
2. Petitioner received a flu vaccine on or about December 3, 2015.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered GuiUain-Barre Syndrome ("GBS") within the time
period set forth in the Table, or in the alternative, that her GBS was caused by the flu vaccine. She
further alleges that she suffered the residual effects of this injury for more than six months.
S. Petitioner reptesents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
Pagel of5

Case 1:17-vv-00888-UNJ Document 72 Filed 10/11/19 Page 4 of 7
6. Respondent denies that petitioner sustained a GBS Table irtjury; denies that the vaccine
caused petitioner's alleged OBS, or any other injury; and denies that her current condition is a
sequelae 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-2l(aX1), the Secretary of Health and Human Services will issue the
following vaccine compensation payment:
A lump sum of $87,500.00 in the form of a check payable to petitioner, representing
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.
§ 300aa-21 (a)( 1). and an application. the parties will submit to further proceedings before the chief
special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that they have identified to respondent all kno·wn
sources of payment for items or services for which the Program is not pdmadly liable under 42
U.S.C. § 300aa-1S(g), including State compensation programs, insurance policies, Federal or State
health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et
seq.)), or entities that provide health services on a prepaid basis.
Page2 ofS

Case 1:17-vv-00888-UNJ Document 72 Filed 10/11/19 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 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 S\.lbject 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 her individual
capacity, and on behalf of her heirs, executors, administrators, successors, and 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 or 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
United States 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 vaccination administered on or about December 3, 2015, as
alleged by petitioner in a petition for vaccine compensation filed on or about June 29, 2017, in the
United States Court of Federal Claims as petition No. 17-888V.
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.
15. If the chief special master fails to issue a decision in complete conformity with the
terms of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
Page 3 of 5

... -a-•
Case 1:17-vv-00888-UNJ Document 72 Filed 10/11/19 Page 6 of 7
conformity wHh 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 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 Hwnan Services that the flu vaccine caused petitioner's alleged GBS or
any other injury or any of her alleged current disabiHties.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
Page4 of5

Case 1:17-vv-00888-UNJ Document 72 Filed 10/11/19 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRtSENT ATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
u--
~AWM~
SALENE
MANCUSO, ESQ.
MULLER BRAZIL, LLP
715 Twining Road, Suite 208
Dresher, PA 19025 Civil Division
Tel.: (215) 885-1655 U. S. Department of Justice
Fax: (215) 885-1644 P. 0. Box 146
Benjamin Franklin Station
Washington> D.C. 20044-0146
AUTIIORlZED REJ:>RESENT AT IVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEAL TB AND RESPONDENT:
HUMAN SERVICES:
TAMARA OVERBY
Acting Director, Division of Trial Attorney
Injury Compensation Programs (DICP) Torts Branch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
U.S. Department of Health P.O. Box 146
and Human Services Benjamin Franklin Station
5600 Fishers Lane Washington, D.C. 20044-0146
Parklawn Building, Stop--08Nl46B Tel: (202) 616-3644
Rockville, MD 20857
_1_/15_["/--1---S._
Dated;
Page S ofS