VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01293
Package ID: USCOURTS-cofc-1_17-vv-01293
Petitioner: Marc Barnet
Filed: 2017-09-20
Decided: 2020-06-24
Vaccine: influenza
Vaccination date: 2016-11-01
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 700000

AI-assisted case summary:
Marc Barnet filed a petition for compensation under the National Vaccine Injury Compensation Program on September 20, 2017, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on November 1, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 30, 2018, conceding that Mr. Barnet was entitled to compensation. The respondent agreed that Mr. Barnet suffered the Table injury of GBS following a flu vaccine within the Table time period and met the statutory requirements for entitlement, having experienced residual effects of his GBS for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on July 31, 2018, finding Mr. Barnet entitled to compensation. Subsequently, on May 19, 2020, the parties filed a joint stipulation for damages. Chief Special Master Brian H. Corcoran reviewed the stipulation, finding it reasonable and adopting it as his decision. The decision awarded Marc Barnet a lump sum of $700,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act for his GBS. The stipulation noted that there was not a preponderance of evidence demonstrating that petitioner's condition was due to a factor unrelated to vaccination. Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice. The stipulation also addressed future proceedings for attorneys' fees and costs.

Theory of causation field:
Petitioner Marc Barnet received an influenza vaccine on November 1, 2016. He alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of this vaccination. The respondent conceded that petitioner suffered the Table injury of GBS following a flu vaccine within the Table time period and met the statutory requirements for entitlement, including experiencing residual effects for more than six months. The stipulation stated there was not a preponderance of evidence demonstrating the condition was due to an unrelated factor. The case was resolved via a joint stipulation for damages. Chief Special Master Nora Beth Dorsey ruled on entitlement on July 31, 2018, based on the respondent's concession. Chief Special Master Brian H. Corcoran issued a decision on June 24, 2020, adopting the joint stipulation. The award was a lump sum of $700,000.00 for all damages available under the Vaccine Act. Petitioner was represented by Alison H. Haskins and respondent by Ryan Daniel Pyles. The theory of causation relied on the Vaccine Injury Table criteria for GBS following an influenza vaccine.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01293-0
Date issued/filed: 2018-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/31/2018) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01293-UNJ Document 36 Filed 10/17/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1293V
Filed: July 31, 2018
UNPUBLISHED
MARC BARNET,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 20, 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”). Petitioner alleges that that he suffered Guillain-Barre Syndrome (“GBS”)
as a result of his November 1, 2016 influenza vaccination. Petition at 1-2. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On July 30, 2018, respondent filed his Rule 4(c) report in which he concedes that
petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, respondent concedes that petitioner suffered the Table injury of GBS
following a flu vaccine within the Table time period. Id. at 4. Respondent further agrees
1 Because this unpublished ruling 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-01293-UNJ Document 36 Filed 10/17/18 Page 2 of 2
that that petitioner suffered the residual effects of his GBS for more than six months and
has met the statutory requirements for entitlement under the Vaccine Act. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01293-1
Date issued/filed: 2020-06-24
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/19/2020) regarding 72 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:17-vv-01293-UNJ Document 76 Filed 06/24/20 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1293V
UNPUBLISHED
MARC BARNET, Chief Special Master Corcoran
Petitioner, Filed: May 19, 2020
v.
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu) Vaccine; Guillain-Barre
Respondent. Syndrome (GBS)
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On September 20, 2017, Marc Barnet filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”) as
a result of a November 1, 2016 influenza (“flu”) vaccination. Petition at 1-2; Stipulation,
filed May 19, 2020, at ¶¶ 2-4. Petitioner further alleges that the vaccine was
administered in the United States, he experienced the residual effects of his injury for
more than six months, and there has been no prior award or settlement of a civil action
for damages as a result of his condition. Petition at 1-3; Stipulation at ¶¶ 3-5, 7. The
stipulation states, “[t]here is not a preponderance of evidence demonstrating that
petitioner’s condition is due to a factor unrelated to vaccination.” Stipulation at ¶ 6.
Nevertheless, on May 19, 2020, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required 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). This means the decision will be available to anyone with access
to the internet. 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, I agree that the identified material fits within this definition, I 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-01293-UNJ Document 76 Filed 06/24/20 Page 2 of 8
reasonable and adopt it as my decision awarding damages, on the terms set forth
therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $700,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
I approve 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/Brian H. Corcoran
Brian H. Corcoran
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-01293-UNJ Document 76 Filed 06/24/20 Page 3 of 8
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARC BARNET,
Petitioner,
v. No. 17-1293V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Marc Barnet (“petitioner”) filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on or about November 1, 2016.
3. The vaccine was administered within the United States.
4. Petitioner sustained the first symptom or manifestation of onset of Guillain–Barré
syndrome (“GBS”), within the Table time period following his flu vaccination.
5. Petitioner experienced the residual effects of his injury for more than six months.
6. There is not a preponderance of evidence demonstrating that petitioner’s condition is
due to a factor unrelated to vaccination.
1

Case 1:17-vv-01293-UNJ Document 76 Filed 06/24/20 Page 4 of 8
7. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his condition.
8. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act
for his GBS. Therefore, a decision should be entered awarding the compensation described in
Paragraph 9 of this stipulation.
9. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $700,000.00 in the form of a check payable to petitioner. This amount
represents all compensation for damages that would be available under 42 U.S.C.
§ 300aa-15(a) for injuries allegedly related to petitioner’s receipt of the influenza
vaccine.
10. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
11. Petitioner and his attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
2

Case 1:17-vv-01293-UNJ Document 76 Filed 06/24/20 Page 5 of 8
12. Payment made pursuant to paragraph 9 and any amounts awarded pursuant to
paragraph 10 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),
subject to the availability of sufficient statutory funds.
13. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
14. In return for the payments described in paragraphs 9 and 10, petitioner, in his
individual capacity and on behalf of his heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or
about November 1, 2016, as alleged by petitioner in a petition for vaccine compensation filed on
or about September 20, 2017, in the United States Court of Federal Claims as petition No. 17-
1293V.
15. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:17-vv-01293-UNJ Document 76 Filed 06/24/20 Page 6 of 8
16. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
17. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 10 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
18. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the vaccine either caused or significantly
aggravated petitioner’s alleged injury or any other injury; however, petitioner has satisfied the
Table criteria to establish entitlement to compensation for his GBS.
19. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:17-vv-01293-UNJ Document 76 Filed 06/24/20 Page 7 of 8
Respectfully submitted,
PETITIONER:
MARC BARNET
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
ALISON H. HASKINS CATHARINE E. REEVES
MAGLIO CHRISTOPHER & TOALE, PA Deputy Director
1605 Main Street, Suite 710 Torts Branch
Sarasota, FL 34236 Civil Division
(888) 952-5242 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
wcuat
s~~
~-2;
TAMARA OVERBY RYAN D. PYLES
Acting Director, Division of Injury Senior Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08N 146B Washington, DC 20044-0146
Rockville, MD 20857 (202) 616-9847
Dated: ------- --
5

Case 1:17-vv-01293-UNJ Document 76 Filed 06/24/20 Page 8 of 8
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