VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01365 Package ID: USCOURTS-cofc-1_17-vv-01365 Petitioner: Robert J. Schaefer Filed: 2017-09-28 Decided: 2019-03-05 Vaccine: influenza Vaccination date: 2015-11-24 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 175000 AI-assisted case summary: Robert J. Schaefer filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2017, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on November 24, 2015. He further alleged that his vaccine-related injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused his GBS or any other injury. However, on January 28, 2019, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Robert J. Schaefer was awarded a lump sum of $175,000.00, payable to him, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. Petitioner counsel was Matthew Joseph Devoti of Casey & Devoti, P.C., and respondent counsel was Gabrielle Manganiello Fielding of the U.S. Department of Justice. Theory of causation field: Petitioner Robert J. Schaefer alleged that an influenza vaccine administered on November 24, 2015, caused Guillain-Barré syndrome (GBS) and that the injury lasted more than six months. Respondent denied causation. The parties filed a joint stipulation on January 28, 2019, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Petitioner was awarded a lump sum of $175,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The case was resolved via stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01365-0 Date issued/filed: 2019-03-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/29/2019) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01365-UNJ Document 42 Filed 03/05/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1365V Filed: January 29, 2019 UNPUBLISHED ROBERT J. SCHAEFER, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Guillain-Barre SECRETARY OF HEALTH Syndrome (GBS) AND HUMAN SERVICES, Respondent. Matthew Joseph Devoti, Casey & Devoti, P.C., Saint Louis, MO, for petitioner. Gabrielle Manganiello Fielding, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On September 28, 2017, Robert J. Schaefer (“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- Barré syndrome (“GBS”), as a result of an influenza (“flu”) vaccine he received on November 24, 2015. Petition at 1; Stipulation, filed January 28, 2019, at ¶ 4. Petitioner further alleges that he suffered from his vaccine-related injury for more than six months. Petition at 3; Stipulation at ¶ 4. “Respondent denies that petitioner’s influenza vaccine caused him to suffer GBS or any other injury.” Stipulation at ¶ 6. 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is 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). 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-01365-UNJ Document 42 Filed 03/05/19 Page 2 of 7 Nevertheless, on January 28, 2019, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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: A lump sum of $175,000.00, 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. 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-01365-UNJ Document 42 Filed 03/05/19 Page 3 of 7 Case 1:17-vv-01365-UNJ Document 42 Filed 03/05/19 Page 4 of 7 Case 1:17-vv-01365-UNJ Document 42 Filed 03/05/19 Page 5 of 7 Case 1:17-vv-01365-UNJ Document 42 Filed 03/05/19 Page 6 of 7 Case 1:17-vv-01365-UNJ Document 42 Filed 03/05/19 Page 7 of 7