VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00741 Package ID: USCOURTS-cofc-1_18-vv-00741 Petitioner: Jackie Johns Filed: 2018-05-24 Decided: 2019-09-11 Vaccine: influenza Vaccination date: 2016-09-26 Condition: Guillain-Barre Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 125000 AI-assisted case summary: Jackie Johns filed a petition for compensation under the National Vaccine Injury Compensation Program on May 24, 2018. He alleged that he suffered Guillain-Barre Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccine he received on September 26, 2016. The petition stated that the vaccine was administered in the United States, that his injuries had persisted for more than six months, and that he had not filed a related action or been compensated for his vaccine-related injuries. The respondent denied that the influenza vaccine caused petitioner to suffer GBS, CIDP, or any other injury. On June 26, 2019, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Jackie Johns was awarded a lump sum of $125,000.00 as compensation for all items of damages, payable to the petitioner. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. Petitioner's counsel was Matthew B. Vianello of Jacobson Press & Fields, and respondent's counsel was Sarah Christina Duncan of the U.S. Department of Justice. Theory of causation field: Petitioner Jackie Johns alleged that an influenza vaccine received on September 26, 2016, caused Guillain-Barre Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $125,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism linking the vaccine to the alleged injuries. The case was resolved via stipulation, not through litigation of entitlement. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00741-0 Date issued/filed: 2019-09-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/27/2019) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00741-UNJ Document 36 Filed 09/11/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0741V Filed: June 27, 2019 UNPUBLISHED JACKIE JOHNS, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Guillain-Barre SECRETARY OF HEALTH AND Syndrome (GBS); Chronic HUMAN SERVICES, Inflammatory Demyelinating Polyneuropathy (CIDP) Respondent. Matthew B. Vianello, Jacobson Press & Fields, Clayton, MO, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On May 24, 2018, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of an influenza (“flu”) vaccine received on September 26, 2016. Petition at 1-2; Stipulation, filed June 26, 2019, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, that his injuries have persisted for more than six months, and that he has not filed an action related to or been compensated for his vaccine-related injuries. Petition at 1-3; Stipulation at ¶¶ 3-5. “Respondent denies that the influenza vaccine caused petitioner to suffer GBS, CIDP, or any other injury. ” Stipulation at ¶ 6. 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 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. Because this unpublished decision contains a reasoned explanation for the action in this case, 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). 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-00741-UNJ Document 36 Filed 09/11/19 Page 2 of 7 Nevertheless, on June 26, 2019, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $125,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:18-vv-00741-UNJ Document 36 Filed 09/11/19 Page 3 of 7 Case 1:18-vv-00741-UNJ Document 36 Filed 09/11/19 Page 4 of 7 Case 1:18-vv-00741-UNJ Document 36 Filed 09/11/19 Page 5 of 7 Case 1:18-vv-00741-UNJ Document 36 Filed 09/11/19 Page 6 of 7 Case 1:18-vv-00741-UNJ Document 36 Filed 09/11/19 Page 7 of 7