VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00263 Package ID: USCOURTS-cofc-1_18-vv-00263 Petitioner: Amy Lynn Gibson Filed: 2018-02-20 Decided: 2020-07-30 Vaccine: influenza (flu) Vaccination date: 2016-10-03 Condition: Bell’s Palsy Outcome: compensated Award amount USD: 51000 AI-assisted case summary: Amy Lynn Gibson filed a petition for compensation under the National Vaccine Injury Compensation Program on February 20, 2018, alleging injury from an influenza vaccine received on or about October 3, 2016. She claimed the vaccine caused Bell's Palsy, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Gibson's condition. However, the parties reached a stipulation to settle the case. On July 30, 2020, the parties filed a stipulation agreeing that a decision should be entered awarding compensation. The stipulation awarded Ms. Gibson a lump sum of $51,000.00, representing compensation for all damages available under the program. The Special Master adopted the stipulation and awarded compensation accordingly, entering judgment in favor of Ms. Gibson. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00263-0 Date issued/filed: 2020-08-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/30/20) regarding 45 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00263-UNJ Document 49 Filed 08/20/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: July 30, 2020 * * * * * * * * * * * * * AMY LYNN GIBSON, * UNPUBLISHED * Petitioner, * No. 18-263V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation; Influenza (Flu); AND HUMAN SERVICES, * Bell’s Palsy. * Respondent. * * * * * * * * * * * * * * Bridget C. McCullough, Muller Brazil LLP, Dresher, PA, for petitioner. Lara A. Englund, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On February 20, 2018, Amy Lynn Gibson (“petitioner”) filed a petition for compensation within the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). The petition seeks compensation for injuries allegedly related to petitioner’s receipt of an influenza (flu) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner received the flu vaccine on or about October 3, 2016. The vaccine was administered within the United States. Petitioner alleges that the flu vaccine caused her to suffer Bell’s Palsy and that she experienced the residual effects of this condition for more than six months. 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 intend 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. 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 opinion. 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-00263-UNJ Document 49 Filed 08/20/20 Page 2 of 7 On July 30, 2020, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 44). Respondent denies that the flu vaccine is the cause of petitioner’s alleged Bell’s Palsy or any other injury or her current condition. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $51,000.00 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 stipulation as the decision of the Court and hereby award compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of 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 Case 1:18-vv-00263-UNJ Document 49 Filed 08/20/20 Page 3 of 7 Case 1:18-vv-00263-UNJ Document 49 Filed 08/20/20 Page 4 of 7 Case 1:18-vv-00263-UNJ Document 49 Filed 08/20/20 Page 5 of 7 Case 1:18-vv-00263-UNJ Document 49 Filed 08/20/20 Page 6 of 7 Case 1:18-vv-00263-UNJ Document 49 Filed 08/20/20 Page 7 of 7