VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01781 Package ID: USCOURTS-cofc-1_17-vv-01781 Petitioner: Susan Beeson Filed: 2017-11-13 Decided: 2019-11-18 Vaccine: influenza Vaccination date: 2016-11-10 Condition: Bickerstaff’s Brainstem Encephalitis Outcome: compensated Award amount USD: 150000 AI-assisted case summary: Susan Beeson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 13, 2017. Ms. Beeson alleged that she developed Bickerstaff’s Brainstem Encephalitis as a result of receiving an influenza vaccine on or about November 10, 2016. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Beeson's medical problems. However, both parties agreed to settle the case through a stipulation filed on September 4, 2019. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision. The stipulation awarded Ms. Beeson a lump sum payment of $150,000.00, representing compensation for all elements of compensation to which she is entitled under the Vaccine Act. Petitioner was represented by John Robert Howie, Jr. of Howie Law, PC, and Respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. The decision was issued on November 18, 2019. Theory of causation field: Susan Beeson filed a petition on November 13, 2017, alleging that an influenza vaccine received on or about November 10, 2016, caused her to develop Bickerstaff’s Brainstem Encephalitis. Respondent denied causation. The parties reached a settlement via stipulation filed September 4, 2019. The stipulation awarded Petitioner a lump sum of $150,000.00 for all elements of compensation under the Vaccine Act. Special Master Brian H. Corcoran adopted the stipulation as the decision on November 18, 2019. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01781-0 Date issued/filed: 2019-11-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/05/2019) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (bm) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01781-UNJ Document 48 Filed 11/18/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1781V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * Special Master Corcoran SUSAN BEESON, * * Petitioner, * Filed: September 5, 2019 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Bickerstaff’s Brainstem Encephalitis; AND HUMAN SERVICES, * Influenza Vaccine. * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for Petitioner. Camille Michelle Collett, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 13, 2017, Susan Beeson filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 ECF No. 1. Ms. Beeson alleged that she developed Bickerstaff’s Brainstem Encephalitis as a result of the influenza (“flu”) vaccine she received on or about November 10, 2016. Id. at 1. 1 Although not formally designated for publication, this Decision will be posted on the United States Court of Federal Claims website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole Decision will be available to the public in its current form. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:17-vv-01781-UNJ Document 48 Filed 11/18/19 Page 2 of 7 Respondent denies that Petitioner’s medical problems were caused by the receipt of the flu vaccine. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed on September 4, 2019, that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: • A lump sum payment of $150,000.00, in the form of a check payable to Petitioner, Susan Beeson. This amount represents compensation for all elements of compensation under Vaccine Act Section 15(a) to which Petitioner is entitled. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:17-vv-01781-UNJ Document 48 Filed 11/18/19 Page 3 of 7 Case 1:17-vv-01781-UNJ Document 48 Filed 11/18/19 Page 4 of 7 Case 1:17-vv-01781-UNJ Document 48 Filed 11/18/19 Page 5 of 7 Case 1:17-vv-01781-UNJ Document 48 Filed 11/18/19 Page 6 of 7 Case 1:17-vv-01781-UNJ Document 48 Filed 11/18/19 Page 7 of 7