VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01180 Package ID: USCOURTS-cofc-1_17-vv-01180 Petitioner: Ellen Honea Filed: 2017-08-31 Decided: 2019-06-13 Vaccine: influenza Vaccination date: 2015-11-04 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 125000 AI-assisted case summary: Ellen Honea filed a petition for compensation on August 31, 2017, alleging that the influenza vaccine she received on November 4, 2015, caused her to suffer from Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her GBS. However, on March 18, 2019, the parties filed a joint stipulation for award. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Ellen Honea was awarded a lump sum of $125,000.00 as compensation for all damages. The parties agreed to this stipulation, and judgment was entered accordingly. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Justine E. Walters of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical findings, or treatments. Theory of causation field: Petitioner Ellen Honea alleged that the influenza vaccine administered on November 4, 2015, caused her Guillain-Barré syndrome (GBS). Respondent denied causation. The parties filed a joint stipulation for award, agreeing to a lump sum of $125,000.00 for all damages. The Special Master adopted the stipulation. The public decision does not specify the theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the GBS. The award was based on a stipulation, not a finding of fact or law on causation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01180-0 Date issued/filed: 2019-06-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/18/2019) regarding 34 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (mkt) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01180-UNJ Document 41 Filed 06/13/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 18, 2019 * * * * * * * * * * * * * * ELLEN HONEA, * No. 17-1180V * Petitioner, * Special Master Sanders * v. * * SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”) AND HUMAN SERVICES, * Vaccine * Respondent. * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Justine E. Walters, United States Department of Justice, Washington, D.C., for Respondent. DECISION1 On August 31, 2017, Ellen Honea (“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 4, 2015, caused her to suffer from Guillain-Barré syndrome (“GBS”). See Stip. at 1, ECF No. 33. On March 18, 2019, the parties filed a stipulation in which they state 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. at 1. 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-01180-UNJ Document 41 Filed 06/13/19 Page 2 of 7 A lump sum of $125,000.00 in the form of a check payable to [P]etitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at 2. 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-01180-UNJ Document 41 Filed 06/13/19 Page 3 of 7 Case 1:17-vv-01180-UNJ Document 41 Filed 06/13/19 Page 4 of 7 Case 1:17-vv-01180-UNJ Document 41 Filed 06/13/19 Page 5 of 7 Case 1:17-vv-01180-UNJ Document 41 Filed 06/13/19 Page 6 of 7 Case 1:17-vv-01180-UNJ Document 41 Filed 06/13/19 Page 7 of 7