VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01621
Package ID: USCOURTS-cofc-1_17-vv-01621
Petitioner: Antonio Katz
Filed: 2017-10-27
Decided: 2020-10-22
Vaccine: influenza
Vaccination date: 2015-11-06
Condition: Guillain-Barré Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 293402

AI-assisted case summary:
Antonio Katz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine he received on November 6, 2015, caused him to develop Guillain-Barré Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP). He further alleged that he experienced residual effects from these injuries for more than six months. The parties filed a stipulation for award, agreeing that compensation should be entered. Respondent denied that the flu vaccine caused Petitioner's alleged GBS, CIDP, or any other injury, and also denied that Petitioner suffered a GBS Table injury. Despite these denials, the parties reached a joint stipulation, which the Special Master found reasonable and adopted as the decision of the Court. Under the stipulation, Antonio Katz was awarded a total of $293,402.26. This amount includes compensation for first-year life care expenses ($43,402.26) and combined lost earnings and pain and suffering ($250,000.00), to be paid as a lump sum. Additionally, an amount sufficient to purchase an annuity contract for future damages was to be paid to a life insurance company. The case proceeded as a Table claim for GBS, and the award covers all damages available under the program.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01621-0
Date issued/filed: 2020-10-22
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 09/30/2020) regarding 51 DECISION: Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01621-UNJ Document 56 Filed 10/22/20 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 30, 2020
* * * * * * * * * * * * * * * * * * * * * * * * *
ANTONIO KATZ, * No. 17-1621V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza (“Flu”)
AND HUMAN SERVICES, * Vaccine; Chronic Inflammatory
* Demyelinating Polyneuropathy (“CIDP”);
* Guillain-Barré Syndrome (“GBS”)
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Phyllis Widman, Jacobs & Barbone, Atlantic City, NJ, for Petitioner.
Christine Becer, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 27, 2017, Antonio Katz (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012); Pet. at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine he received on
November 6, 2015, caused him to develop Guillain-Barré Syndrome (“GBS”) and chronic
inflammatory demyelinating polyneuropathy (“CIDP”). See Stip. at 1, ECF No. 50; Pet. at 1.
Petitioner further alleged that he experienced the residual effects of his injuries for more than six
months. Stip. at 1.
On September 16, 2020, 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 Petitioner’s alleged GBS, CIDP, or any other injury. Id. Respondent further denies
that Petitioner suffered a GBS Table 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-01621-UNJ Document 56 Filed 10/22/20 Page 2 of 9
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $293,402.26 which amount represents compensation for
first year life care expenses ($43,402.26) and combined lost earnings
and pain and suffering ($250,000.00)[,] in the form of a check payable
to [P]etitioner; and… [a]n amount sufficient to purchase the annuity
contract described in paragraph 10 [of the stipulation], paid to the life
insurance company from which the annuity will be purchased….This
amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at 2.
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-01621-UNJ Document 56 Filed 10/22/20 Page 3 of 9

Case 1:17-vv-01621-UNJ Document 56 Filed 10/22/20 Page 4 of 9

Case 1:17-vv-01621-UNJ Document 56 Filed 10/22/20 Page 5 of 9

Case 1:17-vv-01621-UNJ Document 56 Filed 10/22/20 Page 6 of 9

Case 1:17-vv-01621-UNJ Document 56 Filed 10/22/20 Page 7 of 9

Case 1:17-vv-01621-UNJ Document 56 Filed 10/22/20 Page 8 of 9

Case 1:17-vv-01621-UNJ Document 56 Filed 10/22/20 Page 9 of 9