VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01137 Package ID: USCOURTS-cofc-1_17-vv-01137 Petitioner: H.S. Filed: 2017-08-23 Decided: 2019-09-11 Vaccine: influenza Vaccination date: 2016-10-11 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 6740 AI-assisted case summary: On August 23, 2017, Francine M. Skinner, as the natural guardian and legal representative of H.S., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that H.S. suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccination on October 11, 2016. The respondent denied that H.S. sustained a Table injury or that the influenza vaccine caused the GBS. Despite the respondent's denial, the parties filed a joint stipulation on June 21, 2019, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award consisted of a lump sum payment of $6,740.86 for actual unreimbursable expenses, payable to petitioner Francine M. Skinner. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded and to be paid to the life insurance company from which the annuity would be purchased. The decision was entered on September 11, 2019. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Nancy Routh Meyers of Ward Black Law, and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. Theory of causation field: Petitioner alleged that H.S. suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccination on October 11, 2016. Respondent denied that H.S. sustained a Table injury or that the flu vaccine caused the GBS. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via stipulation, resulting in an award of $6,740.86 for unreimbursable expenses and an amount for an annuity. Chief Special Master Nora Beth Dorsey issued the decision on September 11, 2019. Petitioner counsel was Nancy Routh Meyers, and respondent counsel was Camille Michelle Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01137-0 Date issued/filed: 2019-09-11 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 06/21/2019) regarding 47 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01137-UNJ Document 57 Filed 09/11/19 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1137V Filed: June 21, 2019 UNPUBLISHED FRANCINE M. SKINNER, as Natural Guardian and Legal Representative of H.S., a minor, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Guillain-Barre v. Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 23, 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”), as natural guardian and legal representative of H.S, a minor. Petitioner alleges that H.S. suffered Guillain-Barré Syndrome (“GBS”) after receiving the influenza vaccination on October 11, 2016. Petition at 1 ¶¶ 1, 13; Stipulation, filed June 21, 2019, at ¶ 1-2, 4. “Respondent denies that H.S. sustained a Table injury . . . [and] that the flu vaccine caused H.S. to suffer from GBS or any other injury.” Stipulation at ¶ 6. Nevertheless, on June 21, 2019, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends 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 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. 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-01137-UNJ Document 57 Filed 09/11/19 Page 2 of 8 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: 1. A lump sum payment of $6,740.86, representing compensation for actual unreimbursable expenses in the form of a check payable to petitioner, Francine M. Skinner. 2. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation paid to the life insurance company from which the annuity will be purchased. 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-01137-UNJ Document 57 Filed 09/11/19 Page 3 of 8 Case 1:17-vv-01137-UNJ Document 57 Filed 09/11/19 Page 4 of 8 Case 1:17-vv-01137-UNJ Document 57 Filed 09/11/19 Page 5 of 8 Case 1:17-vv-01137-UNJ Document 57 Filed 09/11/19 Page 6 of 8 Case 1:17-vv-01137-UNJ Document 57 Filed 09/11/19 Page 7 of 8 Case 1:17-vv-01137-UNJ Document 57 Filed 09/11/19 Page 8 of 8