VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01861
Package ID: USCOURTS-cofc-1_17-vv-01861
Petitioner: Norval Nichols
Filed: 2020-06-16
Decided: 2020-07-16
Vaccine: influenza
Vaccination date: 2016-10-01
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 170000

AI-assisted case summary:
Norval Nichols filed a petition on December 1, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he received an influenza vaccine on October 1, 2016, and subsequently developed Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. The respondent denied that the flu vaccine caused Mr. Nichols' GBS. However, both parties agreed to settle the case through a stipulation filed on June 16, 2020. The stipulation stated that the issues could be resolved by awarding compensation to Mr. Nichols. Chief Special Master Brian H. Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as the decision. The award included a lump sum of $170,000.00 payable to Mr. Nichols, intended to cover all damages available under the Act. The court directed that judgment be entered accordingly. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Leah V. Durant represented the Petitioner, and Debra Begley represented the Respondent.

Theory of causation field:
Petitioner Norval Nichols alleged that he received an influenza vaccine on October 1, 2016, and subsequently developed Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties resolved the case via stipulation, agreeing to an award of $170,000.00. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The public decision does not specify the medical mechanism of causation, name any experts, or detail the evidence considered. The attorneys involved were Leah V. Durant for the Petitioner and Debra Begley for the Respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01861-0
Date issued/filed: 2020-07-16
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 06/16/2020) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:17-vv-01861-UNJ Document 37 Filed 07/16/20 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1861V
* * * * * * * * * * * * * * * * * * * * * * * * *
* Chief Special Master Corcoran
NORVAL NICHOLS, *
*
Petitioner, * Filed: June 16, 2020
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Guillain-Barré Syndrome;
AND HUMAN SERVICES, * Influenza Vaccine.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Office of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Debra Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 1, 2017, Norval Nichols filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he
suffered from Guillain-Barré syndrome (“GBS”) as a result of his October 1, 2016 receipt of the
influenza (“flu”) vaccine. Moreover, Petitioner alleges that he experienced residual effects of this
injury for more than six months.
1 Because this Decision contains a reasoned explanation for my actions in this case, I will post it on the United States
Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). 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 whole Decision will
be available to the public. 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-01861-UNJ Document 37 Filed 07/16/20 Page 2 of 6
Respondent denies that the flu vaccine caused Petitioner to suffer GBS, or any other injury.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed on June 16, 2020) that the issues before them could 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 of $170,000.00 in the form of a check payable to Petitioner.
Stipulation at 2. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
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
Chief 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

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