VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01473 Package ID: USCOURTS-cofc-1_17-vv-01473 Petitioner: Kay Lynne Klotz Filed: 2017-10-06 Decided: 2020-04-30 Vaccine: influenza Vaccination date: 2014-10-07 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 150000 AI-assisted case summary: Kay Lynne Klotz filed a petition for compensation under the National Vaccine Injury Program on October 6, 2017. Ms. Klotz alleged that she suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 7, 2014. The respondent, the Secretary of Health and Human Services, denied that the alleged injuries were caused by the vaccine. The parties, petitioner Kay Lynne Klotz and respondent Secretary of Health and Human Services, reached a stipulation to settle the case. The stipulation awarded Kay Lynne Klotz a lump sum of $150,000, payable by check, as compensation for all damages. Special Master Thomas L. Gowen adopted the parties' stipulation and ordered judgment to be entered accordingly. The decision was issued on April 30, 2020. Petitioner's counsel was Matthew T. Logue of Quinn Logue, Pittsburg, PA. Respondent's counsel was Gabrielle M. Fielding of the Department of Justice, Washington, D.C. The public decision does not detail the specific theory of causation or the time to onset of the alleged injury. Theory of causation field: Petitioner Kay Lynne Klotz alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on October 7, 2014. The respondent denied causation. The parties reached a stipulation for award, settling the case. The stipulation awarded petitioner $150,000 as compensation for all damages. Special Master Thomas L. Gowen adopted the stipulation. The specific theory of causation and time to onset were not detailed in the public decision. Petitioner was represented by Matthew T. Logue, and respondent by Gabrielle M. Fielding. The decision date was April 30, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01473-0 Date issued/filed: 2020-04-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 4/07/2020) regarding 42 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01473-UNJ Document 47 Filed 04/30/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 7, 2020 * * * * * * * * * * * * * KAY LYNNE KLOTZ, * Unpublished * Petitioner, * No. 17-1473V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Influenza (“flu”); Guillain- * Barré Syndrome (“GBS”); Respondent. * Stipulation for Award * * * * * * * * * * * * Matthew T. Logue, Quinn Logue, Pittsburg, PA, for petitioner. Gabrielle M. Fielding, Department of Justice, Washington, D.C., for respondent. DECISION FOR STIPULATION1 On October 6, 2017, Kay Lynne Klotz (“petitioner”) filed a petition for compensation under the National Vaccine Injury Program.2 Petition at Preamble. Petitioner received an influenza (“flu”) vaccine on October 7, 2014. Id.; Stipulation at ¶ 2 (ECF No. 41). Petitioner alleged that as a result of receiving the flu vaccination, she suffered Guillain-Barré syndrome (“GBS”). Id.; Stipulation at ¶ 4. On April 7, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that petitioner’s alleged injuries are caused by the flu vaccine. Id. at ¶ 6. Maintaining their respective positions, the parities nevertheless now agree that the issues between them shall be 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:17-vv-01473-UNJ Document 47 Filed 04/30/20 Page 2 of 7 settled and that a decision should be entered awarding compensation to petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $150,000 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:17-vv-01473-UNJ Document 47 Filed 04/30/20 Page 3 of 7 Case 1:17-vv-01473-UNJ Document 47 Filed 04/30/20 Page 4 of 7 Case 1:17-vv-01473-UNJ Document 47 Filed 04/30/20 Page 5 of 7 Case 1:17-vv-01473-UNJ Document 47 Filed 04/30/20 Page 6 of 7 Case 1:17-vv-01473-UNJ Document 47 Filed 04/30/20 Page 7 of 7