VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01318
Package ID: USCOURTS-cofc-1_17-vv-01318
Petitioner: Ralph Mueller
Filed: 2017-09-25
Decided: 2019-07-30
Vaccine: influenza
Vaccination date: 2014-10-31
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Ralph Mueller filed a petition for compensation under the National Vaccine Injury Compensation Program on September 25, 2017. He alleged that the influenza vaccine he received on October 31, 2014, and the Tetanus-Diphtheria-Acellular Pertussis (Tdap) vaccine he received on December 2, 2014, caused him to develop Guillain-Barré syndrome (GBS). The parties, Petitioner Ralph Mueller and Respondent Secretary of Health and Human Services, filed a stipulation for award on July 26, 2019. In the stipulation, Respondent denied that the vaccines caused Petitioner's alleged GBS or any other injury. However, the parties agreed to a joint stipulation for compensation. Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $90,000.00, payable to him, as compensation for all damages. The decision was issued on July 30, 2019. Ronald C. Homer represented the Petitioner, and Robert P. Coleman, III represented the Respondent. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Ralph Mueller alleged that the influenza vaccine administered on October 31, 2014, and the Tdap vaccine administered on December 2, 2014, caused him to develop Guillain-Barré syndrome (GBS). The Respondent denied causation. The parties filed a stipulation for award, agreeing to a lump sum payment of $90,000.00 to Petitioner for all damages. Special Master Herbrina Sanders approved the stipulation as reasonable and adopted it as the decision of the Court. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused GBS. The award was made pursuant to a stipulation, not a finding of causation on the merits. The decision date was July 30, 2019. Petitioner was represented by Ronald C. Homer, and Respondent by Robert P. Coleman, III.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01318-0
Date issued/filed: 2019-08-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/30/2019) regarding 40 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rs) Service on parties made.
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Case 1:17-vv-01318-UNJ Document 44 Filed 08/20/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: July 30, 2019
* * * * * * * * * * * * * * * * * * * * * * * * *
RALPH MUELLER, * No. 17-1318V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”)
AND HUMAN SERVICES, * Vaccine; Tetanus-Diphtheria-Acellular
* Pertussis (“Tdap”) Vaccine; Guillain-Barré
Respondent. * Syndrome (“GBS”)
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer, PC, Boston, MA, for Petitioner.
Robert P. Coleman, III, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On September 25, 2017, Ralph Mueller (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012). Petitioner alleged that the influenza (“flu”) vaccine he received on October 31, 2014, and
the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine he received on December 2, 2014,
caused him to develop Guillain-Barré syndrome (“GBS”). See Stip. at 1, ECF No. 39.
On July 26, 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
or the Tdap vaccine caused Petitioner’s alleged GBS, or any other injury. Id. Nevertheless, the
parties agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation
reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth
therein.
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.

Case 1:17-vv-01318-UNJ Document 44 Filed 08/20/19 Page 2 of 7
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $90,000.00 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.
I approve 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

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