VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01360 Package ID: USCOURTS-cofc-1_18-vv-01360 Petitioner: Chaneice Thompson Filed: 2018-09-06 Decided: 2020-09-02 Vaccine: influenza Vaccination date: 2015-10-27 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Chaneice Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program on September 6, 2018. Petitioner alleged that she suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on October 27, 2015, and that she experienced residual effects for more than six months. The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused petitioner's GBS or any other injury, and denied that petitioner sustained a GBS Table Injury. Respondent suggested that an upper respiratory infection, which medical records documented as occurring close in temporal proximity to the onset of her alleged GBS, was a more likely cause. Despite these denials, on July 30, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the court's decision. Chaneice Thompson was awarded a lump sum of $75,000.00, payable to Petitioner, as compensation for all items of damages. The decision was issued on September 2, 2020. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Julia Marter Collison of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Chaneice Thompson alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on October 27, 2015. Respondent denied causation and that GBS was a Table Injury, positing an upper respiratory infection as a more likely cause. The parties filed a joint stipulation on July 30, 2020, agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $75,000.00 on September 2, 2020. The public text states the theory is "Table" but does not detail the specific mechanism or expert testimony relied upon, only noting the respondent's denial and alternative theory. Petitioner was represented by Amy A. Senerth, and respondent by Julia Marter Collison. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01360-0 Date issued/filed: 2020-09-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/30/2020) regarding 45 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01360-UNJ Document 51 Filed 09/02/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1360V UNPUBLISHED CHANEICE THOMPSON, Chief Special Master Corcoran Petitioner, Filed: July 30, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 6, 2018, Chaneice Thompson 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 she suffered Guillain-Barré Syndrome (“GBS”) as a result of receiving an influenza (“flu”) vaccine on October 27, 2015. Petition at 1; Stipulation, filed at July 30, 2020, ¶¶ 2, 4. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Petition at 6; Stipulation at ¶4. “Respondent denies that the flu vaccine, or any other vaccine, caused petitioner’s alleged Guillain-Barré Syndrome or any other injury or her current condition, and further denies that petitioner sustained a GBS Table Injury. Medical records document that petitioner suffered an upper respiratory infection close in temporal proximity to the onset of her alleged GBS, a more likely cause of GBS.” Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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). 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, I agree that the identified material fits within this definition, I will redact such material from public access. 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-01360-UNJ Document 51 Filed 09/02/20 Page 2 of 7 Nevertheless, on July 30, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $75,000.00, 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 Section 15(a). Id. I approve 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/Brian H. Corcoran Brian H. Corcoran 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-01360-UNJ Document 51 Filed 09/02/20 Page 3 of 7 Case 1:18-vv-01360-UNJ Document 51 Filed 09/02/20 Page 4 of 7 Case 1:18-vv-01360-UNJ Document 51 Filed 09/02/20 Page 5 of 7 Case 1:18-vv-01360-UNJ Document 51 Filed 09/02/20 Page 6 of 7 Case 1:18-vv-01360-UNJ Document 51 Filed 09/02/20 Page 7 of 7