VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01195 Package ID: USCOURTS-cofc-1_18-vv-01195 Petitioner: Tara Brooks Filed: 2018-05-19 Decided: 2020-07-08 Vaccine: influenza Vaccination date: 2016-12-31 Condition: Guillain-Barré syndrome (“GBS”) Outcome: compensated Award amount USD: 182784 AI-assisted case summary: Tara Brooks filed a petition on May 19, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed Guillain-Barré syndrome (GBS) as a result of a flu vaccination she received on December 31, 2016. The respondent denied that Petitioner sustained a GBS Table injury and denied that the flu vaccine caused her alleged GBS or any other injury. Despite these positions, both parties agreed to settle the case and that a decision should be entered awarding Petitioner compensation. The stipulation awarded a lump sum of $17,784.26 to reimburse a Medicaid lien and a lump sum of $165,000.00 to Petitioner. This award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Katherine E. Oler reviewed the file and concluded that the stipulation was reasonable, adopting it as the decision and awarding damages. Petitioner was represented by Randall Knutson of Knutson & Casey Law Firm, and Respondent was represented by Linda Renzi of the U.S. Department of Justice. The decision was issued on July 8, 2020. Theory of causation field: Petitioner Tara Brooks alleged GBS following a December 31, 2016, influenza vaccination. Respondent denied a Table injury and causation. The parties stipulated to settlement and compensation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. The award was $17,784.26 for a Medicaid lien reimbursement and $165,000.00 to Petitioner, totaling $182,784.26, representing all damages under 42 U.S.C. § 300aa-15(a). Special Master Katherine E. Oler issued the decision on July 8, 2020, based on the stipulation. Petitioner counsel was Randall Knutson, and Respondent counsel was Linda Renzi. The case falls under the "Table" category for GBS. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01195-0 Date issued/filed: 2020-07-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/19/2020) regarding 31 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01195-UNJ Document 37 Filed 07/08/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1195V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * TARA BROOKS, * * Filed: May 19, 2020 Petitioner, * * * v. * Decision by Stipulation; Damages; * Influenza (Flu) Vaccine; Guillain-Barré SECRETARY OF HEALTH AND * Syndrome (“GBS”). HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Randall Knutson, Knutson & Casey Law Firm, Mankato, MN, for Petitioner. Linda Renzi, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 13, 2018, Tara Brooks (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges that she developed Guillain-Barré syndrome (“GBS”) as a result of the flu vaccination she received on December 31, 2016. See Stipulation ¶ 2, 4, dated May 19, 2020 (ECF No. 30); see also Petition. Respondent denies “that [P]etitioner sustained a GBS Table injury, and further denies that 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 ruling 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-01195-UNJ Document 37 Filed 07/08/20 Page 2 of 7 the flu vaccine is the cause of [P]etitioner’s alleged 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 May 19, 2020 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: 1. A lump sum of $17,784.26, which amount represents reimbursement of a Medicaid lien for services rendered on behalf of [P]etitioner, in the form of a check payable jointly to [P]etitioner and Arizona Health Care Cost Containment System Administration c/o Health Management Systems P.O. Box 10530 Phoenix, AZ 85064 Attn: Josie Cortez 2. A lump sum of $165,000.00 in the form of a check payable to [P]etitioner. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 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-01195-UNJ Document 37 Filed 07/08/20 Page 3 of 7 Case 1:18-vv-01195-UNJ Document 37 Filed 07/08/20 Page 4 of 7 Case 1:18-vv-01195-UNJ Document 37 Filed 07/08/20 Page 5 of 7 Case 1:18-vv-01195-UNJ Document 37 Filed 07/08/20 Page 6 of 7 Case 1:18-vv-01195-UNJ Document 37 Filed 07/08/20 Page 7 of 7