VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00466
Package ID: USCOURTS-cofc-1_18-vv-00466
Petitioner: Patricia Kelly
Filed: 2018-05-30
Decided: 2020-02-11
Vaccine: influenza
Vaccination date: 2016-10-05
Condition: Guillain Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 160000

AI-assisted case summary:
On May 30, 2018, Patricia Kelly filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine she received on October 5, 2016, caused her to develop Guillain Barre Syndrome (GBS) and that she experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Petitioner's alleged GBS or any other injury. On February 11, 2020, the parties filed a joint stipulation agreeing to an award of compensation. The stipulation stated that Petitioner would receive a lump sum of $160,000.00, payable by check to Petitioner, as compensation for all damages. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court, ordering that judgment be entered accordingly. Petitioner was represented by Michael P. Milmoe of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Christine M. Becer of the United States Department of Justice.

Theory of causation field:
Petitioner Patricia Kelly alleged that the influenza vaccine administered on October 5, 2016, caused her to develop Guillain Barre Syndrome (GBS) and experience residual effects for more than six months. Respondent denied causation. The parties reached a stipulation for award on February 11, 2020, agreeing to a lump sum payment of $160,000.00 to Petitioner for all damages. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the theory of causation. Special Master Herbrina Sanders approved the stipulation. Petitioner was represented by Michael P. Milmoe, and Respondent was represented by Christine M. Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00466-0
Date issued/filed: 2020-07-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/11/2020) regarding 31 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made.
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Case 1:18-vv-00466-UNJ Document 36 Filed 07/27/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 11, 2020
* * * * * * * * * * * * * * * * * * * * * * * * *
PATRICIA KELLY, * No. 18-466V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”)
AND HUMAN SERVICES, * Vaccine; Guillain Barre Syndrome (“GBS”)
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Michael P. Milmoe, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Christine M. Becer, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On May 30, 2018, Patricia Kelley (“Petitioner”) filed a petition for compensation pursuant
to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012);
Pet. at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine she received on October
5, 2016, caused her to develop GBS. See Stip. at 1, ECF No. 30; Pet. at 1. Petitioner further
alleged that she experienced the residual effects of her injury for more than six months. Stip. at 1.
On February 11, 2020, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu
vaccine caused Petitioner’s alleged GBS, or any other injury. Id. at 1–2. Nevertheless, the parties
agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and
adopt it as the decision of the Court in awarding damages, on the terms set forth therein.
1 This decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by
Vaccine Rule 18(b), each party has 14 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:18-vv-00466-UNJ Document 36 Filed 07/27/20 Page 2 of 7
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $160,000.00 in the form of a check payable to
[P]etitioner. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
Id. at 2.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the
right to seek review.
2

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