VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00138 Package ID: USCOURTS-cofc-1_18-vv-00138 Petitioner: Steven Streeter Filed: 2018-01-29 Decided: 2019-05-28 Vaccine: influenza Vaccination date: 2016-01-19 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 170000 AI-assisted case summary: Steven Streeter filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he received an influenza vaccine on January 19, 2016, and subsequently developed Guillain-Barré syndrome (GBS). The respondent conceded that Mr. Streeter was entitled to compensation, acknowledging that his GBS met the criteria set forth in the Vaccine Injury Table, including onset between three and forty-two days after vaccination and no apparent alternative cause. The respondent also confirmed that Mr. Streeter experienced residual effects for more than six months, satisfying all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Mr. Streeter entitled to compensation. Subsequently, a decision was issued awarding Mr. Streeter a lump sum of $170,000.00 for pain and suffering, representing compensation for all damages available under the Act. The case proceeded as a Table claim, and the parties stipulated to the award amount. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00138-0 Date issued/filed: 2019-08-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/28/2019) regarding 38 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00138-UNJ Document 43 Filed 08/14/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0138V Filed: May 28, 2019 UNPUBLISHED STEVEN STREETER, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH Guillain-Barre Syndrome (GBS) AND HUMAN SERVICES, Respondent. Patricia Ann Finn, Patricia Finn, P.C., Nanuet, NY, for petitioner. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On January 29, 2018, Steven Streeter (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that he received an influenza (“flu”) vaccine on January 19, 2016, and subsequently suffered from Guillain- Barré syndrome (“GBS”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 28, 2019, respondent filed a combined Rule 4(c) report and Proffer on Damages in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report/Proffer at 1. Specifically, respondent states that 1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This means the ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is required to 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 note (2012) (Federal Management and Promotion of Electronic Government Services). 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. 1 Case 1:18-vv-00138-UNJ Document 43 Filed 08/14/19 Page 2 of 2 “[b]ased on the medical records . . . petitioner has satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford petitioners a presumption of causation if onset of GBS occurs between three and forty-two days after receipt of a seasonal flu vaccination and there is no apparent alternative cause.” Id. at 4. Respondent further agrees that the medical records demonstrate that petitioner has experienced the residual effects of his GBS for more than six months and therefore, has satisfied all legal prerequisites for compensation under the Act. Id. In view of respondent’s position and the evidence of record, the undersigned finds that petitioner is entitled to compensation. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-00138-1 Date issued/filed: 2019-08-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/28/2019) regarding 39 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00138-UNJ Document 44 Filed 08/21/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0138V Filed: May 28, 2019 UNPUBLISHED STEVEN STREETER, Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Guillain- SECRETARY OF HEALTH Barre Syndrome (GBS) AND HUMAN SERVICES, Respondent. Patricia Ann Finn, Patricia Finn, P.C., Nanuet, NY, for petitioner. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On January 29, 2018, Steven Streeter (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that he received an influenza (“flu”) vaccine on January 19, 2016, and subsequently suffered from Guillain- Barré syndrome (“GBS”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 28, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation. On May 28, 2019, respondent filed a combined proffer on award of compensation and Rule 4(c) report (“Rule 4(c)/Proffer”)(ECF No. 37) indicating 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. This means the decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to 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 note (2012) (Federal Management and Promotion of Electronic Government Services). 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-00138-UNJ Document 44 Filed 08/21/19 Page 2 of 2 petitioner should be awarded $170,000.00, for his pain and suffering. Rule 4(c)/Proffer at 4. In the Rule 4(c)/Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Rule 4(c)/Proffer. Pursuant to the terms stated in the Rule 4(c)/Proffer, the undersigned awards petitioner a lump sum payment of $170,000.00 (for his pain and suffering), in the form of a check payable to petitioner, Steven Streeter. This amount represents compensation for all damages that would be available under § 15(a). The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2