VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01108 Package ID: USCOURTS-cofc-1_18-vv-01108 Petitioner: Patricia Raduziner Filed: 2018-07-30 Decided: 2023-01-03 Vaccine: influenza Vaccination date: 2016-11-07 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 707916 AI-assisted case summary: Patricia Raduziner filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2018, alleging she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccination received on November 7, 2016. The respondent, the Secretary of Health and Human Services, denied that Ms. Raduziner sustained a Table injury within the Table time period or that the flu vaccine caused her condition. Despite these denials, both parties agreed to settle the case through a joint stipulation. The stipulation was filed on November 14, 2022, and the court adopted it as its decision. The award includes a lump sum of $368,004.85 for first-year life care expenses, pain and suffering, and past unreimbursable expenses. Additionally, $20,208.00 was awarded for past unreimbursed expenses, payable jointly to Ms. Raduziner and Woodland Care Center, with Ms. Raduziner agreeing to endorse the check. A further lump sum of $216,903.67 was awarded to reimburse a Medicaid lien for services rendered by the State of California, payable jointly to Ms. Raduziner and the Department of Health Care Services. The award also includes an amount sufficient to purchase an annuity contract for future damages. The total compensation awarded amounts to $707,916.52. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01108-0 Date issued/filed: 2023-01-03 Pages: 11 Docket text: PUBLIC DECISION (Originally filed: 11/14/2022) regarding 60 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (emh) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01108-UNJ Document 64 Filed 01/03/23 Page 1 of 11 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1108V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * PATRICIA RADUZINER, * * Filed: November 14, 2022 Petitioner, * * * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; Guillain-Barré SECRETARY OF HEALTH AND * syndrome. HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Law Offices of Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On July 30, 2018, Patricia Raduziner (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges she suffered from a Table injury of Guillain-Barré syndrome as a result of the influenza (“flu”) vaccination she received on November 7, 2016. See Stipulation ¶ 2, 4, dated November 14, 2022 (ECF No. 59); see also Petition. Respondent denies “that petitioner sustained a Table injury within the Table time period, 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:18-vv-01108-UNJ Document 64 Filed 01/03/23 Page 2 of 11 and further denies that the flu vaccine caused petitioner to suffer from GBS or any other injury or her current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed November 14, 2022 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a. A lump sum of $368,004.85, which amount represents compensation for first year life care expenses ($175,160.40), pain and suffering ($120,000.00), and past unreimbursable expenses ($72,844.45) in the form of a check payable to petitioner; b. A lump sum of $20,208.00, which amount represents compensation to past unreimbursed expenses, in the form of a check payable jointly to petitioner and Woodland Care Center (CA) 7120 Corbin Avenue Reseda, CA 91335-3618 Tel: (818) 881-4540 Petitioner agrees to endorse this check to Woodland Care Center (CA). c. A lump sum of $216,903.67, which amount represents reimbursement of a Medicaid lien for services rendered to petitioner by the State of California, in the form of a check made payable jointly to petitioner and Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account No.: C94233638D-VAC03 Petitioner agrees to endorse this check to the Department of Health Care Services. d. An amount sufficient to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Case 1:18-vv-01108-UNJ Document 64 Filed 01/03/23 Page 3 of 11 I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Case 1:18-vv-01108-UNJ Document 64 Filed 01/03/23 Page 4 of 11 Case 1:18-vv-01108-UNJ Document 64 Filed 01/03/23 Page 5 of 11 Case 1:18-vv-01108-UNJ Document 64 Filed 01/03/23 Page 6 of 11 Case 1:18-vv-01108-UNJ Document 64 Filed 01/03/23 Page 7 of 11 Case 1:18-vv-01108-UNJ Document 64 Filed 01/03/23 Page 8 of 11 Case 1:18-vv-01108-UNJ Document 64 Filed 01/03/23 Page 9 of 11 Case 1:18-vv-01108-UNJ Document 64 Filed 01/03/23 Page 10 of 11 Case 1:18-vv-01108-UNJ Document 64 Filed 01/03/23 Page 11 of 11