VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00961 Package ID: USCOURTS-cofc-1_17-vv-00961 Petitioner: William Brown Filed: 2017-07-18 Decided: 2019-05-14 Vaccine: influenza Vaccination date: 2016-11-13 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 145000 AI-assisted case summary: William Brown filed a petition on July 18, 2017, alleging that the influenza vaccine he received on November 13, 2016, caused him to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's GBS. Despite the denial, the parties filed a joint stipulation for an award of compensation on May 14, 2019. The stipulation stated that Petitioner should receive a lump sum of $145,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Herbrina Sanders reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The parties agreed to expedite the entry of judgment by waiving their right to seek review. Clifford J. Shoemaker represented the Petitioner, and Debra A. Filteau Begley represented the Respondent. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner William Brown alleged that the influenza vaccine administered on November 13, 2016, caused Guillain-Barré syndrome (GBS). Respondent denied causation. The parties reached a stipulation for award, agreeing to compensation without admitting causation. Petitioner was awarded a lump sum of $145,000.00. Special Master Herbrina Sanders approved the stipulation on May 14, 2019. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00961-0 Date issued/filed: 2019-07-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/14/2019) regarding 45 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (mkt) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00961-UNJ Document 53 Filed 07/11/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 14, 2019 * * * * * * * * * * * * * * * * * * * * * * * * * WILLIAM BROWN, * No. 17-961V * Petitioner, * Special Master Sanders * v. * * SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”) AND HUMAN SERVICES, * Vaccine; Guillain-Barré syndrome (“GBS”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Clifford J. Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for Petitioner. Debra A. Filteau Begley, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On July 18, 2017, William Brown (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10–34 (2012); ECF No. 1. The petition alleged that the influenza (“flu”) vaccine Petitioner received on November 13, 2016, caused him to suffer from Guillain-Barré syndrome (“GBS”). See Stip. at 1, ECF No. 44. On May 14, 2019, the parties filed a stipulation in which they stated that a decision should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu vaccine caused Petitioner’s alleged GBS. Id. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: 1 This decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 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). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Hereafter, 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-00961-UNJ Document 53 Filed 07/11/19 Page 2 of 7 A lump sum of $145,000.00 in the form of a check payable to [P]etitioner. . . . represent[ing] compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:17-vv-00961-UNJ Document 53 Filed 07/11/19 Page 3 of 7 Case 1:17-vv-00961-UNJ Document 53 Filed 07/11/19 Page 4 of 7 Case 1:17-vv-00961-UNJ Document 53 Filed 07/11/19 Page 5 of 7 Case 1:17-vv-00961-UNJ Document 53 Filed 07/11/19 Page 6 of 7 Case 1:17-vv-00961-UNJ Document 53 Filed 07/11/19 Page 7 of 7