VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00930 Package ID: USCOURTS-cofc-1_17-vv-00930 Petitioner: A.F. Filed: 2017-07-11 Decided: 2019-06-27 Vaccine: influenza Vaccination date: 2016-10-07 Condition: Guillain Barre Syndrome Outcome: compensated Award amount USD: 396480 AI-assisted case summary: A.F. filed a petition for vaccine compensation alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on October 7, 2016. The flu vaccine is listed on the Vaccine Injury Table. A.F. alleged that the vaccine was administered in the United States, that his GBS persisted for more than six months, and that he had not filed a prior action or received compensation for his injury. Respondent denied that the flu vaccine caused A.F.'s alleged GBS or any other injury, and denied that his current disabilities were a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, A.F. was awarded a lump sum of $396,480.14, representing compensation for all items of damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00930-0 Date issued/filed: 2019-06-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/11/2018) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00930-UNJ Document 59 Filed 06/27/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0930V Originally Filed: December 11, 2018 Refiled in Redacted Form: June 20, 2019 UNPUBLISHED A.F., Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Guillain-Barre SECRETARY OF HEALTH AND Syndrome (GBS) HUMAN SERVICES, Respondent. Andrew Gordon Melling, McNair Law Firm, P.A., Columbia, South Carolina, for petitioner. Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On July 11, 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 Barre Syndrome (“GBS”) resulting from adverse effects of an influenza vaccination received on October 7, 2016. Petition at 1; Stipulation, filed December 11, 2018, at ¶¶ 1-4. Petitioner further alleges that he received the vaccination in the United States, his GBS persisted for more than six months, and he has not filed an action or received compensation in the form of an award or settlement for his vaccine-related injury. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s alleged GBS or any other 1 When this decision was originally filed the undersigned indicated her intent 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 filed a timely motion to redact certain information. This decision is being reissued with the requested redactions. Except for those changes and this footnote, no other substantive changes have been made. This decision will be posted on the court’s website with no further opportunity to move for redaction. 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-00930-UNJ Document 59 Filed 06/27/19 Page 2 of 7 injury and further denies that his current disabilities are a sequela of a vaccine-related injury. ” Stipulation at ¶ 6. Nevertheless, on December 11, 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 $396,480.14 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-00930-UNJ Document 59 Filed 06/27/19 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************* * * A F * * Petitioner, * * No.17-930V (ECF) V. * Chief Special Master * NORA BETH DORSEY * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent ************************* STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner, A F 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 trivalent 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 October 7, 2016. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered Guillain-Barre Syndrome ("GBS") as a consequence of the flu immunization he received on or about October 7, 2016, and further alleges that he suffered the residual effects 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 on his behalf as a result of his condition. 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