VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00733 Package ID: USCOURTS-cofc-1_18-vv-00733 Petitioner: James Seylaz Filed: 2018-05-23 Decided: 2021-12-17 Vaccine: influenza Vaccination date: 2017-10-16 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 87500 AI-assisted case summary: On May 23, 2018, James Seylaz filed a petition under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine he received on October 16, 2017, caused him to develop Guillain-Barré Syndrome (GBS), a condition listed on the Vaccine Injury Table. He further alleged that he experienced residual effects of the injury for more than six months. The respondent denied that the flu vaccine caused his GBS or any other injury. On December 14, 2021, the parties filed a joint stipulation agreeing to an award of compensation. The stipulation stated that James Seylaz would receive a lump sum of $87,500.00, payable to him, as compensation for all damages. Special Master Herbrina Sanders adopted the stipulation as the decision of the Court and ordered judgment to be entered accordingly. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Phyllis Widman, and respondent counsel was James Lopez. Theory of causation field: Petitioner James Seylaz alleged that the influenza vaccine administered on October 16, 2017, caused Guillain-Barré Syndrome (GBS), a condition listed on the Vaccine Injury Table, with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation for award, agreeing to compensation without admitting causation. The Special Master adopted the stipulation. Petitioner James Seylaz received a lump sum award of $87,500.00. The public decision does not detail the specific mechanism of injury, expert testimony, or diagnostic findings. The theory of causation relied upon was the Vaccine Injury Table. The decision was issued by Special Master Herbrina Sanders on December 17, 2021. Petitioner's counsel was Phyllis Widman, and respondent's counsel was James Lopez. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00733-0 Date issued/filed: 2022-01-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/17/2021) regarding 65 DECISION - Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00733-UNJ Document 69 Filed 01/05/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 17, 2021 * * * * * * * * * * * * * * * * * * * * * * * * * JAMES SEYLAZ, * No. 18-733V * Petitioner, * Special Master Sanders v. * * Stipulation for Award; Influenza SECRETARY OF HEALTH * (“Flu”) Vaccine; Guillain-Barré AND HUMAN SERVICES, * Syndrome (“GBS”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Phyllis Widman, Widman Law Firm, LLC, Northfield, New Jersey, for Petitioner. James Lopez, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On May 23, 2018, James Seylaz (“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 he received on October 16, 2017, caused him to develop a Table injury, Guillain-Barré Syndrome (“GBS”). Id.; see also Stip. at 1, ECF No. 64. Petitioner further alleged that he experienced the residual effects of his injury for more than six months. Stip. at 1. On December 14, 2021, 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 [P]etitioner’s alleged GBS or any other injury or condition.” Id. at 1–2. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. Id. at 2. I find the stipulation reasonable and adopt 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 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-00733-UNJ Document 69 Filed 01/05/22 Page 2 of 7 A lump sum of $87,500.00 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. 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 Case 1:18-vv-00733-UNJ Document 69 Filed 01/05/22 Page 3 of 7 Case 1:18-vv-00733-UNJ Document 69 Filed 01/05/22 Page 4 of 7 Case 1:18-vv-00733-UNJ Document 69 Filed 01/05/22 Page 5 of 7 Case 1:18-vv-00733-UNJ Document 69 Filed 01/05/22 Page 6 of 7 Case 1:18-vv-00733-UNJ Document 69 Filed 01/05/22 Page 7 of 7