VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01051
Package ID: USCOURTS-cofc-1_17-vv-01051
Petitioner: Hazel Palm
Filed: 2017-08-03
Decided: 2018-09-07
Vaccine: influenza
Vaccination date: 2014-10-23
Condition: Guillain-Barre Syndrome (GBS) or, in the alternative, polymyositis
Outcome: compensated
Award amount USD: 15790

AI-assisted case summary:
Hazel Palm filed a petition on August 3, 2017, alleging that she suffered Guillain-Barré Syndrome (GBS) or, alternatively, polymyositis as a result of receiving an influenza vaccine on October 23, 2014. The respondent denied that the flu vaccine caused GBS or polymyositis, or any other injury. Despite maintaining their positions, the parties reached a stipulation to settle the case and award compensation. The stipulation included a lump sum of $790.78 to reimburse a lien for services provided by the Commonwealth of Pennsylvania and an additional $15,000.00 for all remaining damages. The Special Master found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered accordingly. The case was resolved via a joint stipulation, indicating an Off-Table claim where causation was not admitted but settled. The total compensation awarded was $15,790.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01051-0
Date issued/filed: 2018-10-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: September 7, 2018) regarding 23 DECISION of Special Master on Stipulation. Signed by Special Master Thomas L. Gowen. (kl) Service on parties made.
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Case 1:17-vv-01051-UNJ Document 27 Filed 10/02/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 7, 2018
* * * * * * * * * * * * * * * * * * * * * * * * *
HAZEL PALM, * UNPUBLISHED
*
* No. 17-1051V
*
Petitioner, * Special Master Gowen
v. *
* Joint Stipulation; Influenza (Flu);
SECRETARY OF HEALTH * Guillain-Barre Syndrome (“GBS”);
AND HUMAN SERVICES, * Polymyositis; Significant
* Aggravation.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren, et al., PC, Memphis, TN, for petitioner.
Glenn A. MacLeod, United States Department of Justice, Washington, DC, for respondent.
DECISION ON STIPULATION1
On August 3, 2017, Hazel Palm (“Petitioner”) filed a petition in the National Vaccine
Injury Compensation Program (“Program”).2 Petition, ECF No. 1. Petitioner alleged that as a
result of receiving the influenza (“flu”) vaccination on October 23, 2014, she suffered Guillain-
Barré Syndrome (“GBS”) or, in the alternative, developed polymyositis that was caused-in-fact or
significantly aggravated by the vaccination. Id. at 1.
On September 7, 2018, the parties filed a joint stipulation in which they stated that a
decision should be entered awarding compensation to petitioner. Stipulation for Award, ECF No.
22. Respondent denied that the flu vaccine caused petitioner to suffer GBS, and/or caused or
significantly aggravated polymyositis or any other injury. Id. at ¶ 6.
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision
is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed
redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision
will be posted on the court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012)
(“Vaccine Act” or “the Act”). All citations in this decision to individual sections of the Vaccine Act are to 42
U.S.C.A. § 300aa.

Case 1:17-vv-01051-UNJ Document 27 Filed 10/02/18 Page 2 of 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 compensation to
petitioner according to the terms of the joint stipulation attached hereto as Appendix A.
The joint stipulation awards:
a. A lump sum of $790.78, which amount represents reimbursement of a lien
for services provided to petitioner, in the form of a check payable jointly to
petitioner and
Commonwealth of Pennsylvania
Bureau of Program Integrity
Division of Third Party Liability
Recovery Section
Post Office Box 8486
Harrisburg, PA 17105-8486
Petitioner agrees to endorse this payment to the Commonwealth of
Pennsylvania; and
b. A lump sum of $15,000.00, which amount represents compensation for all
remaining elements of damages available to petitioner under 42 U.S.C. §
300aa-15(a), in the form of a check payable to petitioner.
I find the stipulation reasonable and I adopt it as the decision of the Court in
awarding damages, on the terms set forth therein.
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
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

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