VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01238 Package ID: USCOURTS-cofc-1_18-vv-01238 Petitioner: Laurie Barreiro Filed: 2021-02-02 Decided: 2021-04-12 Vaccine: influenza Vaccination date: 2017-09-25 Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 58000 AI-assisted case summary: Laurie Barreiro filed a petition on February 2, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of an influenza vaccination received on September 25, 2017. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's condition or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on February 2, 2021. Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the court's decision. The stipulation awarded Laurie Barreiro a lump sum of $58,000.00, payable by check to Petitioner, as compensation for all available damages. The decision directed that judgment be entered accordingly. Nancy Meyers represented the Petitioner, and Kimberly Davey represented the Respondent. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert testimony. Theory of causation field: Petitioner Laurie Barreiro alleged that an influenza vaccination received on September 25, 2017, caused her to suffer from Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). The Respondent denied causation. The parties reached a stipulation to settle the case, which was adopted by Special Master Katherine E. Oler. The stipulation awarded Petitioner a lump sum of $58,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the condition. The case was settled via stipulation, not litigated on the merits of causation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01238-0 Date issued/filed: 2021-04-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 2/2/2021) regarding 34 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01238-UNJ Document 41 Filed 04/12/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1238 (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * LAURIE BARREIRO, * * Filed: February 2, 2021 Petitioner, * * * v. * Decision by Stipulation; Damages; * Influenza Vaccine; Chronic Inflammatory SECRETARY OF HEALTH AND * Demyelinating Polyneuropathy (“CIDP”). HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Nancy Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Kimberly Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 17, 2018, Laurie Barreiro (“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 Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) as a result of the influenza vaccination she received on September 25, 2017. See Stipulation ¶ 2, 4, dated February 2, 2021 (ECF No. 33); see also Petition. Respondent denies “that the flu vaccine caused petitioner to suffer from CIDP or any other 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-01238-UNJ Document 41 Filed 04/12/21 Page 2 of 7 injury or her current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed February 2, 2021 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 lump sum of $58,000.00 in the form of a check payable to Petitioner. 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-01238-UNJ Document 41 Filed 04/12/21 Page 3 of 7 Case 1:18-vv-01238-UNJ Document 41 Filed 04/12/21 Page 4 of 7 Case 1:18-vv-01238-UNJ Document 41 Filed 04/12/21 Page 5 of 7 Case 1:18-vv-01238-UNJ Document 41 Filed 04/12/21 Page 6 of 7 Case 1:18-vv-01238-UNJ Document 41 Filed 04/12/21 Page 7 of 7