VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01790
Package ID: USCOURTS-cofc-1_17-vv-01790
Petitioner: A.C.R.
Filed: 2017-11-14
Decided: 2021-03-05
Vaccine: influenza
Vaccination date: 2016-04-29
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 75848

AI-assisted case summary:
On November 14, 2017, Michael and Jocelyn Riley filed a petition on behalf of their minor daughter, A.C.R., alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on April 29, 2016. The respondent denied that A.C.R. sustained a Table injury for GBS or that the vaccine caused her injury. Despite maintaining their positions, both parties agreed to settle the case through a joint stipulation filed on December 17, 2020. Special Master Katherine E. Oler reviewed the file and adopted the parties' stipulation as the decision. The stipulation awarded Petitioners a lump sum of $75,000.00 payable to them as guardians/conservators of A.C.R.'s estate, and an additional lump sum of $848.97 for past unreimbursed expenses paid on behalf of A.C.R., totaling $75,848.97. This award represents compensation for all damages available under the National Vaccine Injury Compensation Program. The Special Master approved the award and directed the Clerk to enter judgment. Petitioner counsel was Robert J. Krakow. Respondent counsel was Darryl R. Wishard.

Theory of causation field:
Petitioners alleged that A.C.R. suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on April 29, 2016. Respondent denied that A.C.R. sustained a Table injury for GBS or that the vaccine caused or significantly aggravated her alleged injury. The parties entered into a joint stipulation to settle the case, with Petitioners receiving a total award of $75,848.97 ($75,000.00 in damages and $848.97 for past unreimbursed expenses). The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Special Master Katherine E. Oler adopted the stipulation as the decision. The decision was issued on March 5, 2021, based on a stipulation filed December 17, 2020. Attorneys for Petitioner were Robert J. Krakow and for Respondent was Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01790-0
Date issued/filed: 2021-03-05
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/17/2020) regarding 57 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:17-vv-01790-UNJ Document 65 Filed 03/05/21 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1790V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
MICHAEL RILEY and JOCELYN V.
*
RILEY, parents of A.C.R., a minor, * Filed: December 17, 2020
*
Petitioners, *
*
* Decision by Stipulation; Damages;
v. * Influenza (“Flu”) Vaccine; Guillain-Barré
* syndrome (“GBS”)
SECRETARY OF HEALTH AND *
*
HUMAN SERVICES,
*
*
Respondent. *
*
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Robert J. Krakow, Law Office of Robert J. Krakow, P.C., for Petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 14, 2017, Michael and Jocelyn Riley (“Petitioners”) filed a petition on behalf
of their minor daughter, A.C.R., seeking compensation under the National Vaccine Injury
Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioners allege their
daughter suffered from Guillain-Barré syndrome (GBS) as a result of the influenza (“flu”) vaccine
she received on April 29, 2016. See Stipulation ¶ 2, 4, dated December 17, 2020 (ECF No. 56);
see also Petition.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the 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 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 Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:17-vv-01790-UNJ Document 65 Filed 03/05/21 Page 2 of 8
Respondent denies “that ACR sustained a Table injury for GBS after the April 29, 2016
flu vaccine or any other vaccine; denies that the flu vaccine or any other vaccine caused or
significantly aggravated ACR’s alleged injury or any other injury; and, denies that ACR’s current
disabilities are the result of a vaccine-related injury”. See Stipulation ¶ 6. Nonetheless, both
parties, while maintaining their above-stated positions, agreed in a stipulation filed on December
17, 2020 that the issues before them can be settled and that a decision should be entered awarding
Petitioner compensation. ECF No. 54
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a. A lump sum of $75,000.00 in the form of a check payable to [P]etitioners, as the
guardians/conservators of the estate of ACR; and
b. A lump sum of $848.97, in the form of a check payable to [P]etitioners, for past
unreimbursed expenses paid on behalf of ACR.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioners. 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/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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