VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00602 Package ID: USCOURTS-cofc-1_18-vv-00602 Petitioner: James A. Parker Filed: 2018-04-26 Decided: 2023-02-14 Vaccine: influenza Vaccination date: 2016-11-03 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 130000 AI-assisted case summary: On April 26, 2018, James A. Parker filed a petition alleging that he suffered from Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on November 3, 2016. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's GBS or any other injury. Despite the denial, the parties reached a stipulation recommending an award of compensation, which was filed on January 20, 2023. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Under the terms of the stipulation, James A. Parker was awarded a lump sum of $130,000.00 as compensation for all damages. The parties jointly filed notice renouncing the right to seek review, and judgment was entered accordingly. The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony. Theory of causation field: Petitioner James A. Parker alleged that he suffered from Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on November 3, 2016. The respondent denied causation. The parties entered into a stipulation for compensation, and Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Petitioner was awarded $130,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00602-1 Date issued/filed: 2023-02-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/20/2023) regarding 85 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00602-UNJ Document 89 Filed 02/14/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: January 20, 2023 * * * * * * * * * * * * * * * * * * * JAMES A. PARKER, * UNPUBLISHED * Petitioner, * No. 18-602V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Guillain-Barré Syndrome * (“GBS”). Respondent. * * * * * * * * * * * * * * * * * * * * * Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On April 26, 2018, James A. Parker (“Petitioner”) filed a petition in the National Vaccine Injury Program2 alleging that he suffered from Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on November 3, 2016. Petition at Preamble (ECF No. 1). On January 20, 2023, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 84). Respondent denies that the flu vaccine caused Petitioner to develop GBS, any other injury or condition, or that Petitioner’s current 1 Because this Decision contains a reasoned explanation for the action in this case, the 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). 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. 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-10 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. 1 Case 1:18-vv-00602-UNJ Document 89 Filed 02/14/23 Page 2 of 7 condition is sequelae of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: (1) A lump sum of $130,000.00 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). Stipulation at ¶ 8. The undersigned approves 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/Nora B. Dorsey Nora B. Dorsey 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 Case 1:18-vv-00602-UNJ Document 89 Filed 02/14/23 Page 3 of 7 Case 1:18-vv-00602-UNJ Document 89 Filed 02/14/23 Page 4 of 7 Case 1:18-vv-00602-UNJ Document 89 Filed 02/14/23 Page 5 of 7 Case 1:18-vv-00602-UNJ Document 89 Filed 02/14/23 Page 6 of 7 Case 1:18-vv-00602-UNJ Document 89 Filed 02/14/23 Page 7 of 7