VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01126 Package ID: USCOURTS-cofc-1_17-vv-01126 Petitioner: Michael Bacotti Filed: 2017-08-21 Decided: 2019-08-21 Vaccine: influenza Vaccination date: 2016-09-21 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 800431 AI-assisted case summary: Michael Bacotti filed a petition for compensation under the National Vaccine Injury Compensation Program on August 21, 2017. He alleged that he received an influenza vaccination on or about September 21, 2016, and subsequently developed Guillain-Barré syndrome (GBS) as a result of this vaccination. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Mr. Bacotti's GBS or any other injury. Despite maintaining their respective positions, the parties reached a stipulation to settle the issues. The stipulation provided for a lump sum award of $800,431.75, payable to the petitioner, to compensate for all damages. Special Master Thomas L. Gowen adopted the stipulation and ordered that judgment be entered in accordance with its terms. The decision was issued on August 21, 2019. Petitioner's counsel was Leah V. Durant of the Law Offices of Leah V. Durant, PLLC, and respondent's counsel was Christine M. Becer from the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation. Theory of causation field: Michael Bacotti received an influenza vaccination on or about September 21, 2016, and subsequently filed a petition alleging Guillain-Barré syndrome (GBS). The respondent denied causation. The parties reached a stipulation for settlement, agreeing to an award of $800,431.75. The public decision does not detail the specific theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused GBS. The Special Master adopted the stipulation, and the decision was issued on August 21, 2019, by Special Master Thomas L. Gowen. Petitioner was represented by Leah V. Durant, and respondent by Christine M. Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01126-0 Date issued/filed: 2019-09-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/21/19) regarding 41 DECISION Stipulation/Proffer. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01126-UNJ Document 42 Filed 09/13/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 21, 2019 * * * * * * * * * * * * * MICHAEL BACOTTI, * UNPUBLISHED * Petitioner, * No. 17-1126V * v. * Special Master Gowen * SECRETARY OF HEALTH * Influenza (“Flu”); Guillain-Barré AND HUMAN SERVICES, * syndrome (“GBS”); Stipulation. * Respondent. * * * * * * * * * * * * * * Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Christine M. Becer, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On August 21, 2017, Michael Bacotti (“petitioner”) filed a petition for compensation within the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner received an influenza (“flu”) vaccination on or about September 21, 2016. Stipulation filed August 21, 2019 (ECF No. 40) (“Stipulation”) at ¶ 4. Petitioner alleged that as a result of that flu vaccination, he suffered Guillain-Barré syndrome (“GBS”). Id. at ¶ 4. On August 21, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation. Respondent denies that the flu vaccination caused petitioner to suffer from GBS or any other injury. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion 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 opinion 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 opinion. Id. If neither party files a motion for redaction within 14 days, the opinion 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-01126-UNJ Document 42 Filed 09/13/19 Page 2 of 7 be settled and that a decision should be entered awarding compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $800,431.75, in the form of a check payable to petitioner. This amount representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the stipulation as the decision of the Court in awarding damages. I hereby award compensation in the amount and 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 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:17-vv-01126-UNJ Document 42 Filed 09/13/19 Page 3 of 7 Case 1:17-vv-01126-UNJ Document 42 Filed 09/13/19 Page 4 of 7 Case 1:17-vv-01126-UNJ Document 42 Filed 09/13/19 Page 5 of 7 Case 1:17-vv-01126-UNJ Document 42 Filed 09/13/19 Page 6 of 7 Case 1:17-vv-01126-UNJ Document 42 Filed 09/13/19 Page 7 of 7