VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01478 Package ID: USCOURTS-cofc-1_17-vv-01478 Petitioner: John McLoughlin Filed: 2017-10-10 Decided: 2019-09-03 Vaccine: influenza Vaccination date: 2014-10-24 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 110000 AI-assisted case summary: On October 10, 2017, Sean McLoughlin, as executor of the estate of John McLoughlin, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccine administered on October 24, 2014, caused Mr. McLoughlin to develop Guillain-Barré syndrome (GBS) and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. McLoughlin's alleged GBS or any other injury. Despite this denial, the parties filed a joint stipulation for award on September 3, 2019. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. The stipulation provided for a lump sum payment of $110,000.00, payable by check to Petitioner as the legal representative of the estate of John McLoughlin, as compensation for all damages available under the program. Judgment was to be entered in accordance with the terms of the stipulation, with the Clerk of Court to enter judgment unless a motion for review was filed. Petitioner was represented by Renee Gentry of the Vaccine Injury Clinic, George Washington University Law School, and Respondent was represented by Alexis Babcock of the United States Department of Justice. The decision was posted on the United States Court of Federal Claims website. Theory of causation field: Petitioner alleged that the influenza vaccine administered on October 24, 2014, caused John McLoughlin to develop Guillain-Barré syndrome (GBS) and that he experienced residual effects for more than six months. Respondent denied causation. The parties filed a stipulation for award, agreeing to compensation. The Special Master adopted the stipulation. The public decision does not describe the specific mechanism of causation, medical experts, onset of symptoms, diagnostic tests, or treatments. The award was a lump sum of $110,000.00 for all damages. The decision was issued by Special Master Herbrina Sanders on September 3, 2019, with judgment entered thereafter. Petitioner counsel was Renee Gentry, and Respondent counsel was Alexis Babcock. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01478-0 Date issued/filed: 2019-10-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 9/9/2019) regarding 38 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rs) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01478-UNJ Document 42 Filed 10/07/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: September 9, 2019 * * * * * * * * * * * * * * * * * * * * * * * * * SEAN MCLOUGHLIN, Executor of the * No. 17-1478V Estate of JOHN MCLOUGHLIN, * * Petitioner, * Special Master Sanders v. * * SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”) AND HUMAN SERVICES, * Vaccine; Guillain-Barré Syndrome (“GBS) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Renee Gentry, Vaccine Injury Clinic, George Washington University Law School, Washington, DC, for Petitioner. Alexis Babcock, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On October 10, 2017, Sean McLoughlin (“Petitioner”) filed a petition for compensation as executor of the estate of John McLoughlin 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 Mr. McLoughlin received on October 24, 2014 caused him to develop Guillain-Barré syndrome (“GBS”). See Stip. at 1, ECF No. 37. Petitioner further alleged that Mr. McLoughlin experienced the residual effects of his injury for more than six months. Id. On September 3, 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 caused Mr. McLoughlin’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-01478-UNJ Document 42 Filed 10/07/19 Page 2 of 7 The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $110,000.00 in the form of a check payable to [P]etitioner as legal representative of the estate of John McLoughlin. 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 Case 1:17-vv-01478-UNJ Document 42 Filed 10/07/19 Page 3 of 7 Case 1:17-vv-01478-UNJ Document 42 Filed 10/07/19 Page 4 of 7 Case 1:17-vv-01478-UNJ Document 42 Filed 10/07/19 Page 5 of 7 Case 1:17-vv-01478-UNJ Document 42 Filed 10/07/19 Page 6 of 7 Case 1:17-vv-01478-UNJ Document 42 Filed 10/07/19 Page 7 of 7