VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01738
Package ID: USCOURTS-cofc-1_17-vv-01738
Petitioner: Kathleen Fox
Filed: 2017-11-06
Decided: 2019-09-06
Vaccine: influenza
Vaccination date: 2016-03-16
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 142550

AI-assisted case summary:
Kathleen Fox filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2017. She alleged that the influenza vaccine she received on March 16, 2016, caused her to develop Guillain-Barré Syndrome (GBS) and experience residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or aggravated Petitioner's GBS. However, the parties reached a joint stipulation for award, which was filed on September 6, 2019. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a total of $142,550.83. This amount included a lump sum of $130,000.00 for pain and suffering and past expenses, and $12,550.83 to satisfy a Medicaid lien for services rendered to Petitioner. The award covered all damages available under the program. The decision was posted on the website of the United States Court of Federal Claims. Petitioner was represented by Robert P. Goodwin of Walsh Roberts & Grace, and Respondent was represented by Darryl R. Wishard of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Kathleen Fox alleged that the influenza vaccine administered on March 16, 2016, caused her to develop Guillain-Barré Syndrome (GBS) and experience residual effects for more than six months. The respondent denied causation. The parties entered into a stipulation for award, and the Special Master adopted the stipulation as the decision of the Court. Petitioner was awarded $142,550.83, comprising $130,000.00 for pain and suffering and past expenses, and $12,550.83 to satisfy a Medicaid lien. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The outcome was a compensated award based on stipulation. The decision was issued by Special Master Herbrina Sanders on September 6, 2019. Petitioner's counsel was Robert P. Goodwin, and Respondent's counsel was Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01738-0
Date issued/filed: 2019-10-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/6/2019) regarding 34 DECISION Stipulation/Proffer, Signed by Special Master Herbrina Sanders. (sg) Service on parties made.
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Case 1:17-vv-01738-UNJ Document 42 Filed 10/07/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 6, 2019
* * * * * * * * * * * * * * * * * * * * * * * * *
KATHLEEN FOX, *
* No. 17-1738V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza
AND HUMAN SERVICES, * (“flu”) Vaccine; Guillain-Barré
* Syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Robert P. Goodwin, Walsh Roberts & Grace, Buffalo, NY, for Petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On November 6, 2017, Kathleen Fox (“Petitioner”) filed a petition for compensation
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 she received on March 16, 2016,
caused her to suffer from Guillain-Barré Syndrome (“GBS”). See Stip. at 1, ECF No. 33. Petitioner
further alleged that she experienced the residual effects of her injury for more than six months. Id.
On September 6, 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 or aggravated Petitioner’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-01738-UNJ Document 42 Filed 10/07/19 Page 2 of 2
The parties stipulate that Petitioner shall receive the following compensation:
(a.) A lump sum of $130,000.00, in the form of a check payable to
[P]etitioner; and
(b.) A lump sum of $12,550.83, which amount represents payment of a
Medicaid lien for services rendered to [P]etitioner, in the form of a
check payable jointly to [P]etitioner and New York State
Department of Health, P.O. Box 415874, Boston, MA 02241-5874,
Case # 198615. Petitioner agrees to endorse this payment to the New
York State Department of Health.
These amounts represent compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a), including pain and suffering
and past expenses.
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