VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00164
Package ID: USCOURTS-cofc-1_18-vv-00164
Petitioner: O’dell Cobb
Filed: 2018-02-01
Decided: 2022-10-20
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 38500

AI-assisted case summary:
On February 1, 2018, Trina O’dell Jones, as personal representative of the Estate of O’dell Cobb, deceased, filed a petition in the National Vaccine Injury Program. Petitioner alleged that the decedent suffered from Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the decedent’s GBS or any other injuries or death. However, on October 20, 2022, the parties filed a stipulation agreeing that the case should be settled and that a decision should be entered awarding compensation to the petitioner. The stipulation provided for a lump sum payment of $38,500, payable to the petitioner, representing compensation for all damages. Special Master Thomas L. Gowen adopted the parties’ stipulation and awarded compensation. The Clerk of the Court was ordered to enter judgment in accordance with the terms of the stipulation. Petitioner was represented by Laura Levenberg of Muller Brazil, and respondent was represented by Felicia Langel of the Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner alleged that an influenza vaccine caused Guillain-Barré Syndrome (GBS) and subsequent death in O’dell Cobb. Respondent denied causation. The parties reached a stipulation to settle the case, agreeing to an award of $38,500. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation, with Special Master Thomas L. Gowen issuing the decision on October 20, 2022. Petitioner counsel was Laura Levenberg, and respondent counsel was Felicia Langel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00164-0
Date issued/filed: 2022-11-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/21/2022) regarding 78 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:18-vv-00164-UNJ Document 82 Filed 11/18/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 21, 2022
* * * * * * * * * * * * *
TRINA O’DELL JONES, *
personal representative of the Estate of *
O’DELL COBB, deceased, *
*
Petitioner, * No. 18-164V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Decision on Stipulation;
* Influenza (“flu”); Guillain-Barre
Respondent. * Syndrome (“GBS”).
* * * * * * * * * * * * *
Laura Levenberg, Muller Brazil, Dresher, PA, for petitioner.
Felicia Langel, Dept. of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On February 1, 2018, Trina O’dell Jones, as personal representative of the Estate of
O’dell Cobb (“petitioner”) filed a petition in the National Vaccine Injury Program.2 Petition
(ECF No. 1). Petitioner alleged that as a result of the decedent receiving an influenza (“flu”)
vaccine, he suffered from Guillain-Barré Syndrome (“GBS”). Id. at Preamble.
On October 20, 2022, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 77). Respondent denies that
the flu vaccine was the cause of the decedent’s alleged GBS or AIDP or was the cause of the
decedent’s any other injuries or death. Id. at ¶ 6. Nevertheless, maintaining their respective
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.

Case 1:18-vv-00164-UNJ Document 82 Filed 11/18/22 Page 2 of 7
positions, the parties now agree that the issues between them shall be settled and that a decision
should be entered awarding compensation to the petitioner according to the terms of the
stipulation attached hereto as Appendix A. Id. at ¶ 7.
The stipulation provides:
1) A lump sum payment of $38,500 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

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