VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01319 Package ID: USCOURTS-cofc-1_17-vv-01319 Petitioner: Richard Brandell Filed: 2017-09-25 Decided: 2021-02-23 Vaccine: influenza Vaccination date: 2014-10-27 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 985000 AI-assisted case summary: Richard Brandell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre syndrome (GBS) as a result of an influenza vaccine he received on October 27, 2014. The respondent conceded that Mr. Brandell's injury met the requirements of the Vaccine Injury Table for GBS following a seasonal influenza vaccination. The respondent noted that the onset of GBS occurred within three to forty-two days of the vaccination, the diagnosis was not in dispute, and no other cause for his GBS was identified. Furthermore, Mr. Brandell's records showed he suffered residual effects of his injury for more than six months after vaccination. A ruling on entitlement was issued on June 15, 2018, finding Mr. Brandell entitled to compensation. Subsequently, on December 29, 2020, the parties filed a joint stipulation for damages. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision, awarding Mr. Brandell a lump sum of $985,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01319-0 Date issued/filed: 2018-09-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/15/2018) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01319-UNJ Document 27 Filed 09/20/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1319V Filed: June 15, 2018 UNPUBLISHED RICHARD BRANDELL, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Guillain-Barre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. Jenifer Marie Placzek, Placzek Winget & Placzek, Springfield, MO, for petitioner. Kathryn Ann Robinette, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 25, 2017, Richard Brandell (“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 he suffered Guillain- Barre syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on October 27, 2014. Petition at 1, 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 15, 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 concludes “that petitioner’s alleged injury meets the requirement of the Vaccine Injury table for GBS following the seasonal influenza 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). 1 Case 1:17-vv-01319-UNJ Document 27 Filed 09/20/18 Page 2 of 2 vaccination... Petitioner had the onset of GBS within three to forty-two days of receiving the flu vaccine, the diagnosis is not in dispute, and no other cause for his GBS have been identified.” Id. at 6. Respondent further agrees that “petitioner’s records show that he suffered sequela of his injury for more than six months after vaccination.” 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 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-01319-1 Date issued/filed: 2021-02-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/30/2020) regarding 70 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01319-UNJ Document 80 Filed 02/23/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1319V UNPUBLISHED RICHARD BRANDELL, Chief Special Master Corcoran Petitioner, Filed: December 30, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Jennifer Marie Placzek, Placzek Winget & Placzek, Springfield, MO, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On September 25, 2017, Richard Brandell 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 an influneza (“flu”) vaccination he received on October 27, 2014. Petition at 1, 4; see Stipulation, filed at December 29, 2020, ¶¶ 2, 4. Petitioner further alleges the vaccine was administered within the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. Stipulation at ¶¶ 3, 5, 7; see Petition at ¶¶18, 20-21. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01319-UNJ Document 80 Filed 02/23/21 Page 2 of 7 On June 15, 2018, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On December 29, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation 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 $985,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 9. This amount represents compensation for all items of damages that would be available under Section 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-01319-UNJ Document 80 Filed 02/23/21 Page 3 of 7 Case 1:17-vv-01319-UNJ Document 80 Filed 02/23/21 Page 4 of 7 Case 1:17-vv-01319-UNJ Document 80 Filed 02/23/21 Page 5 of 7 Case 1:17-vv-01319-UNJ Document 80 Filed 02/23/21 Page 6 of 7 Case 1:17-vv-01319-UNJ Document 80 Filed 02/23/21 Page 7 of 7